Health and Safety Code — Part 17 | HSC — United States — California law | Esheria

Health and Safety Code

Part 17 of 87 · provisions 3,201–3,400

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. 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 6. Enforcement Responsibility [116500- 116500.] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must directly enforce this chapter for all public water systems in certain counties.

    ## 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 6. Enforcement Responsibility [116500- 116500.] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116500. This chapter shall be enforced directly by the department for all public water systems, including state small water systems, in any county that does not have a local health officer, or contracts with the department for environmental health services pursuant to Section 1157 and elects not to enforce this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  2. 11651.

    ## 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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    Existing orders and regulations under affected laws stay in effect if they were already effective and do not conflict with this division, until they are modified, superseded, or repealed.

    ## 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. ) ## 11651. Any orders and regulations promulgated pursuant to any law affected by this division and in effect on the effective date of this division, not in conflict with it continue in effect until modified, superseded, or repealed. (Repealed and added by Stats. 1972, Ch. 1407.)
  3. 116525.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person may not operate a public water system unless an application is first submitted to the department and a permit is received.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116525. (a) No person shall operate a public water system unless he or she first submits an application to the department and receives a permit as provided in this chapter. A change in ownership of a public water system shall require the submission of a new application. (b) The department may require a new application whenever a change in regulatory jurisdiction has occurred. (c) The department may renew, reissue, revise, or amend any domestic water supply permit whenever the department deems it to be necessary for the protection of public health whether or not an application has been filed. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  4. 116527.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section requires an applicant for a proposed new public water system to submit a preliminary technical report to the state board before construction, with some optional timing and exemption paths.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116527. (a) As used in this section, “water-related improvement” includes, but is not limited to, a water pipe, a water pump, or drinking water infrastructure. (b) (1) Before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report to the state board at least six months before initiating construction of any water-related improvement. (2) In order to assist in expediting the permitting process, a person that is considering submitting an application for a permit for a proposed new public water system is encouraged, but is not required, to submit the preliminary technical report no later than seven days after submission of an application to the city or county for a building permit for any water-related improvement. (3) For a proposed new public water system that would be regulated by a local primacy agency, the applicant shall also submit a copy of the preliminary technical report to the state board. (4) The state board may approve the preliminary technical report and allow construction to proceed before the end of the six-month period. For a proposed new public water system that would be regulated by a local primacy agency, the state board and local primacy agency may approve the preliminary technical report and allow construction to proceed before the end of the six-month period. (c) The preliminary technical report shall include all of the following: (1) The name and type of each public water system for which any service area boundary is within three miles, as measured through existing public rights-of-way, of any boundary of the applicant’s proposed public water system’s service area. (2) A discussion of the feasibility of each of the adjacent community water systems identified pursuant to paragraph (1) annexing, connecting, or otherwise supplying domestic water to the applicant’s proposed new public water system’s service area. The applicant shall consult with each adjacent community water system in preparing the report and shall include in the report any information provided by each adjacent community water system regarding the feasibility of annexing, connecting, or otherwise supplying domestic water to that service area. (3) A discussion of all actions taken by the applicant to secure a supply of domestic water from an existing community water system for the proposed new public water system’s service area. (4) All sources of domestic water supply for the proposed new public water system. (5) The estimated cost to construct, operate, and maintain the proposed new public water system, including long-term operation and maintenance costs and a potential rate structure. (6) A comparison of the costs associated with the construction, operation and maintenance, and long-term sustainability of the proposed new public water system to the costs associated with providing water to the proposed new public water system’s service area through annexation by, consolidation with, or connection to an existing community water system. (7) A discussion of all actions taken by the applicant to pursue a contract for managerial or operational oversight from an existing community water system. (8) An analysis of whether a proposed new public water system’s total projected water supplies available during normal, single dry, or multiple dry water years during a 20-year projection will meet the projected water demand for the service area. (9) Any information provided by the local agency formation commission. The applicant shall consult with the local agency formation commission if any adjacent public water system identified pursuant to paragraph (1) is a local agency as defined by Section 56054 of the Government Code. (d) (1) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include the information required by subdivision (c), including documentation of the consultation with each adjacent community water system and the local agency formation commission, the applicant may submit those documents to the state board in lieu of the preliminary technical report and the documents shall be considered the functional equivalent of the preliminary technical report. (2) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include some, but not all, of the information required by subdivision (c), including documentation of the consultation with an adjacent community water system and the local agency formation commission, the applicant shall submit those documents and the preliminary technical report to the state board and together those documents and the preliminary technical report shall be considered the functional equivalent of the preliminary technical report requirements of this section. A preliminary technical report submitted pursuant to this paragraph shall only be required to include information that is not otherwise addressed by the other submitted documents. (e) Upon review of a preliminary technical report submitted pursuant to this section, the state board may do all of the following actions: (1) If an existing public water system has not already sought annexation of the service area of a proposed new public water system from the local agency formation commission or the applicant has not already sought an extension of services agreement from an existing public water system, direct the applicant to undertake additional discussion and negotiation with the local agency formation commission and any existing public water system meeting the requirements of paragraph (1) of subdivision (c) that the state board determines has the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system. The state board shall not direct the applicant to undertake additional discussion and negotiation if documentation submitted to the state board demonstrates that additional discussion and negotiation is unlikely to be successful, including, but not limited to, documentation that the local agency formation commission has previously denied the application for an extension of service or annexation, or that the existing public water system has declined to apply to the local agency formation commission for approval of an extension of services to, or annexation of, the service area of the proposed new public water system. (2) Direct the applicant to report on the results of discussion and negotiations conducted pursuant to paragraph (1) to the state board. (3) Establish a time schedule for the applicant’s performance of directives issued pursuant to this subdivision. (f) (1) An applicant shall comply with the state board’s directives as assigned in and consistent with subdivision (e) before submitting an application for a permit for a proposed new public water system under this chapter. (2) An application for a permit for a proposed new public water system under this chapter shall not be deemed complete unless the applicant has complied with the requirements of this section. (g) The state board’s review of a preliminary technical report pursuant to this section shall not be deemed a project or approval of a permit application submitted under this chapter. (h) The requirements of this section do not apply to either of the following: (1) An application for a permit for a new public water system that was deemed complete prior to January 1, 2017, pursuant to the statutory permit application requirements effective at the date of the permit submission. (2) An extension of, or annexation to, an existing public water system. (i) (1) The requirements of this section do not apply to a service area where an applicant certifies in writing to the state board that the applicant will not rely on the establishment of a new public water system for its water supply. The state board shall acknowledge receipt of the applicant’s certification in a timely manner. (2) An applicant who certifies that the service area will not rely on the establishment of a new public water system and later seeks a permit for a new public water system shall comply with the provisions of this section and shall assume all risk of delay or rejection related to the permit application. (j) (1) The provisions of this subdivision apply to a proposed new public water system that achieves either or both of the following: (A) Consolidates two or more existing public water systems, existing state small water systems, or other existing water systems, which results in the creation of a new public water system. (B) Provides water service in lieu of individual domestic wells. (2) At least six months before the construction of any water-related improvements, an applicant for a new public water system that meets the criteria in paragraph (1) shall provide a written notice to the state board that does both of the following: (A) Clearly describes the proposed new public water system and how it meets the criteria in paragraph (1). (B) Requests an exemption from the requirements of this section. (3) The state board shall promptly acknowledge receipt of a written notice described in paragraph (2). The state board shall have 30 days from the acknowledgment of receipt of the written notice to issue a written notice to the applicant that compliance with the requirements of this section is necessary and that an application for a permit of a new public water system under this chapter is not complete until the applicant has complied with the requirements of this section. A determination by the state board that compliance with the requirements of this section is necessary shall be final and is not subject to review by the state board. A determination by the state board pursuant to this subdivision is not considered a project subject to Division 13 (commencing with Section 21000) of the Public Resources Code. (4) If the state board receives a written notice from a project applicant that satisfies the requirements of paragraph (2), the project described in the notice is deemed exempt from the requirements of this section on the 35th day following the date of the state board’s acknowledgment of receipt of the written notice, unless the state board has issued a notice to comply pursuant to paragraph (3). (Amended by Stats. 2018, Ch. 195, Sec. 1. (AB 2900) Effective January 1, 2019.)
  5. 116530.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A public water system must submit a technical report to the state board when applying for a permit or when the state board otherwise requires it, and must use the form, format, and timing the state board specifies.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116530. (a) A public water system shall submit a technical report to the state board as part of the permit application or when otherwise required by the state board. This report may include, but not be limited to, detailed plans and specifications, water quality information, physical descriptions of the existing or proposed system, information related to technical, managerial, and financial capacity and sustainability, and information related to achieving the goals of Section 106.3 of the Water Code, including affordability and accessibility. (b) A public water system shall submit the report in the form and format and at intervals specified by the state board. (Amended by Stats. 2019, Ch. 120, Sec. 6. (SB 200) Effective July 24, 2019.)
  6. 116535.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    When a chapter application is complete, the department must thoroughly investigate the proposed or existing plant, works, system, or water supply and other material conditions, including any required financial assurance 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116535. Upon determination that an application submitted pursuant to this chapter is complete, the department shall make a thorough investigation of the proposed or existing plant, works, system, or water supply, and all other circumstances and conditions that it deems material, including any required financial assurance information. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  7. 116540.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section requires the state board to issue or deny permits, allows it to add permit conditions, and limits when new public water systems or certain associations can receive permits.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116540. (a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers. (1) A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system. (2) A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter. (b) Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board. (c) In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a system’s capacity. (d) If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system. (e) An applicant may petition the state board for reconsideration of a decision of action of the deputy director taken pursuant to this section. (Amended by Stats. 2019, Ch. 120, Sec. 7. (SB 200) Effective July 24, 2019.)
  8. 116545.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Before a new, revised, renewed, or amended permit is issued, or a permit is denied, the department may hold a public hearing. Notice must go to the applicant and interested persons at least 30 days before the 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116545. Prior to the issuance of any new, revised, renewed, or amended permit, or the denial of a permit, the department may conduct a public hearing to obtain additional public comment. Notice of the hearing shall be provided to the applicant and interested persons at least 30 days prior to the hearing. The department may require the applicant to distribute the notice of the hearing to affected consumers. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  9. 116550.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person operating a public water system must get an amended permit before changing a source of supply, method of treatment, or distribution system covered by an existing permit, unless a stated exception applies.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116550. (a) No person operating a public water system shall modify, add to or change his or her source of supply or method of treatment of, or change his or her distribution system as authorized by a valid existing permit issued to him or her by the department unless the person first submits an application to the department and receives an amended permit as provided in this chapter authorizing the modification, addition, or change in his or her source of supply or method of treatment. (b) Unless otherwise directed by the department, changes in distribution systems may be made without the submission of a permit application if the changes comply in all particulars with the waterworks standards. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  10. 116551.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may not issue or amend certain water-system permits unless it completes an engineering evaluation, holds at least three public hearings, and gives the public the evaluation and findings at least 10 days before the first 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116551. The state board shall not issue a permit to a public water system or amend a valid existing permit for the use of a reservoir as a source of supply that is directly augmented with recycled water, as defined in subdivision (n) of Section 13050 of the Water Code, unless the state board does all of the following: (a) Performs an engineering evaluation that evaluates the proposed treatment technology and finds that the proposed technology will ensure that the recycled water meets all applicable primary and secondary drinking water standards and poses no significant threat to public health. (b) Holds at least three duly noticed public hearings in the area where the recycled water is proposed to be used or supplied for human consumption to receive public testimony on that proposed use. The state board shall make available to the public, not less than 10 days prior to the date of the first hearing held pursuant to this subdivision, the evaluations and findings made pursuant to subdivision (a). (Amended by Stats. 2015, Ch. 673, Sec. 7. (AB 1531) Effective January 1, 2016.)
  11. 116552.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The State Water Resources Control Board cannot issue or amend a permit for point-of-use or point-of-entry treatment unless it first holds a public hearing in the served community and finds no substantial community opposition.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116552. The State Water Resources Control Board shall not issue a permit to a public water system or amend a valid existing permit to allow the use of point-of-use or point-of-entry treatment unless the State Water Resources Control Board determines, after conducting a public hearing in the community served by the public water system, that there is no substantial community opposition to the installation of the treatment devices. The issuance of a permit pursuant to this section shall be limited to not more than three years or until funding for centralized treatment is available, whichever occurs first. (Amended by Stats. 2015, Ch. 663, Sec. 2. (AB 434) Effective October 9, 2015.)
  12. 116555.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Owners of public water systems must keep the system compliant, safe, and adequately supplied, and use certified operators. Owners of community and nontransient noncommunity water systems must use certified distribution operators and keep direct supervision under properly certified operators.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116555. (a) Any person who owns a public water system shall ensure that the system does all of the following: (1) Complies with primary and secondary drinking water standards. (2) Will not be subject to backflow under normal operating conditions. (3) Provides a reliable and adequate supply of pure, wholesome, healthful, and potable water. (4) Employs or utilizes only water treatment operators that have been certified by the state board at the appropriate grade. (5) Complies with the operator certification program established pursuant to Article 3 (commencing with Section 106875) of Chapter 4 of Part 1. (b) Any person who owns a community water system or a nontransient noncommunity water system shall do all of the following: (1) Employ or utilize only water distribution system operators who have been certified by the state board at the appropriate grade for positions in responsible charge of the distribution system. (2) Place the direct supervision of the water system, including water treatment plants, water distribution systems, or both under the responsible charge of an operator or operators holding a valid certification equal to or greater than the classification of the treatment plant and the distribution system. (Amended by Stats. 2017, Ch. 561, Sec. 133. (AB 1516) Effective January 1, 2018.)
  13. 116555.5.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A public water system must implement a cross-connection control program that follows applicable regulations and board-adopted 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116555.5. A public water system shall implement a cross-connection control program that complies with applicable regulations and with standards adopted by the board pursuant to Section 116407. (Added by Stats. 2017, Ch. 533, Sec. 2. (AB 1671) Effective January 1, 2018.)
  14. 116556.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Redwood Valley County Water District may make up to 135 new 3/4-inch equivalent domestic service connections if specified hardship and water-supply 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 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116556. Notwithstanding subdivision (c) of Section 116555 and its implementing regulations, including Sections 64562 and 64568 of the California Code of Regulations, the Redwood Valley County Water District, in order to relieve hardship, may make not more than 135 new 3/4-inch equivalent domestic service connections to its water system if all of the following conditions are met: (a) The district has a contract, agreement, or independent water right to divert water from Lake Mendocino or another adequate source of water supply. (b) Redwood Valley is an allowed place of use under that contract, agreement, or water right. (c) The department has determined that the water source provides an adequate physical supply of water under its duly adopted waterworks standards. (d) The connection will relieve hardship, as determined by the district based on objective proof that the structure served by the connection was constructed prior to December 31, 1997, and absent a connection, only has access to a water supply that furnishes an inadequate quality or quantity of water as measured by drinking water standards adopted by the district. (e) The connections authorized by this section are in addition to connections otherwise allowed by law, including connections authorized by Section 116555. (Added by Stats. 1998, Ch. 259, Sec. 3. Effective August 4, 1998.)
  15. 116565.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Public water systems must pay an annual fee on the state board’s schedule, and late payment triggers a 10% penalty.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116565. (a) Each public water system shall submit an annual fee according to a fee schedule established by the state board pursuant to subdivision (c) for the purpose of reimbursing the state board for the costs incurred by the state board for conducting activities mandated by this chapter. The amount of reimbursement shall be sufficient to pay, but in no event shall exceed, the state board’s costs in conducting these activities, including a prudent reserve in the Safe Drinking Water Account. (b) Payment of the annual fee shall be due 90 calendar days following the due date established in the schedule. Failure to pay the annual fee within 90 calendar days shall result in a 10-percent late penalty that shall be paid in addition to the fee. (c) The state board shall adopt, by regulation, a schedule of fees, as authorized by this section. The regulations may include provisions concerning the administration and collection of the fees. (d) The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Safe Drinking Water Account for expenditure for the administration of this chapter, taking into account the reserves in the Safe Drinking Water Account. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue. (e) (1) Except as provided in subparagraph (A) of paragraph (2), the regulations adopted pursuant to this section, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board as 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. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. (2) Notwithstanding Section 116377, both of the following shall apply: (A) The initial regulations adopted by the state board to implement this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and may not rely on the statutory declaration of emergency in paragraph (1) or Section 116377. (B) Any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board. (f) A public water system under the jurisdiction of a local primacy agency shall pay the fees specified in this section to the local primacy agency in lieu of the state board. This section does not preclude a local health officer from imposing additional fees pursuant to Section 101325. (g) This section shall become operative on July 1, 2016. (Repealed (in Sec. 19) and added by Stats. 2015, Ch. 24, Sec. 20. (SB 83) Effective June 24, 2015. Section operative July 1, 2016, by its own provisions.)
  16. 116577.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    People must reimburse the state board’s actual enforcement costs, and the board must invoice those costs by the stated deadline; late payment triggers a 10% penalty.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116577. (a) Each person shall reimburse the state board for actual costs incurred by the state board for any of the following enforcement activities related to that person: (1) Preparing, issuing, and monitoring compliance with, an order or a citation. (2) Preparing and issuing public notification. (3) Conducting a hearing pursuant to Section 116625. (b) The state board shall submit an invoice for these enforcement costs to the person that requires payment before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the state board. The costs set forth in the invoice shall not exceed the total actual costs to the state board of enforcement activities specified in this section. (c) Notwithstanding the reimbursement of enforcement costs of the local primacy agency pursuant to subdivision (a) of Section 116595 by a public water system under the jurisdiction of the local primacy agency, a public water system or other person shall also reimburse enforcement costs, if any, incurred by the state board pursuant to this section. (d) “Enforcement costs,” as used in this section, does not include “litigation costs” pursuant to Section 116585. (e) The state board shall not be entitled to enforcement costs pursuant to this section if a court determines that enforcement activities were in error. (f) Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount. (g) The state board may, at its sole discretion, waive payment by a public water system of all or any part of the invoice or penalty. (Amended by Stats. 2023, Ch. 810, Sec. 2. (AB 664) Effective January 1, 2024.)
  17. 116585.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    In a civil court case to enforce this chapter, the prevailing party must be awarded litigation costs and attorney’s fees. If the state board receives the award, the money goes into the Safe Drinking Water Account; if a local primacy agency receives it, the money is used to offset that agency’s litigation costs.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116585. In a civil court action brought to enforce this chapter, the prevailing party or parties shall be awarded litigation costs, including, but not limited to, salaries, benefits, travel expenses, operating equipment, administrative, overhead, other litigation costs, and attorney’s fees, as determined by the court. Litigation costs awarded to the state board by the court shall be deposited into the Safe Drinking Water Account. Litigation costs awarded to a local primacy agency by the court shall be used by that local primacy agency to offset the local primacy agency’s litigation costs. (Amended by Stats. 2015, Ch. 24, Sec. 24. (SB 83) Effective June 24, 2015.)
  18. 116590.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board must deposit chapter funds into the Safe Drinking Water Account, and a public water system may charge customers a fee to recover chapter-related fees.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116590. (a) Funds received by the state board pursuant to this chapter shall be deposited into the Safe Drinking Water Account, which is hereby established, and shall be available for use by the state board, upon appropriation by the Legislature, for the purpose of providing funds necessary to administer this chapter and the Water Shutoff Protection Act (Chapter 6 (commencing with Section 116900)). (b) A public water system may collect a fee from its customers to recover the fees paid by the public water system pursuant to this chapter. (c) The total amount of funds received for state operations program costs to administer this chapter for fiscal year 2016–17 shall not exceed thirty-eight million nine hundred seven thousand dollars ($38,907,000) and the total amount of funds received for administering this chapter for each fiscal year thereafter shall not increase by more than 5 percent of the amount received in the previous fiscal year plus any changes to salary, benefit, and retirement adjustments contained in each annual Budget Act. (d) This section shall become operative on July 1, 2016. (Amended by Stats. 2023, Ch. 855, Sec. 1. (SB 3) Effective January 1, 2024.)
  19. 116595.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A public water system must reimburse a local primacy agency for certain enforcement costs, and late payment triggers a 10% penalty.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116595. (a) A public water system under the jurisdiction of a local primacy agency shall reimburse the local primacy agency for any enforcement cost incurred by the local primacy agency related to any of the following relating to that water system: (1) Preparing, issuing, and monitoring compliance with, an order or a citation. (2) Preparing and issuing public notification. (3) Conducting a hearing pursuant to Section 116625. (b) The local primacy agency shall submit an invoice to the public water system that requires payment, before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the local primacy agency. The invoice shall not exceed the total costs to the local primacy agency of enforcement activities specified in this subdivision. Notwithstanding the reimbursement to the state board of enforcement costs, if any, pursuant to Section 116577, any public water system under the jurisdiction of the local primacy agency shall also reimburse the local primacy agency for enforcement costs incurred by the local primacy agency pursuant to this section. The local primacy agency shall not be entitled to enforcement costs pursuant to this subdivision if a court determines that enforcement activities were in error. “Enforcement costs” as used in this subdivision does not include “litigation costs” as used in Section 116585. (c) Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount. (d) The local primacy agency may, in its sole discretion, waive payment by a public water system of all or any part of the invoice or the penalty. (Amended by Stats. 2015, Ch. 24, Sec. 27. (SB 83) Effective June 24, 2015.)
  20. 116596.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

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    After a qualifying wildfire, a public water system must test its water-related facilities for benzene as soon as it is safe to do so.

    ## 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 7. Requirements and Compliance [116525 - 116596] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116596. (a) The state board shall require a public water system that has experienced a wildfire event of 300 acres or more, if the event damaged or destroyed a structure or structures connected to the public water system’s water distribution system, to perform sample collection and analysis of its source waters, treatment facilities, conveyance facilities, distribution systems, or a combination thereof, for the presence of benzene as soon as it is safe to do so. (b) If a public water system conducts sampling and finds detectable concentrations of benzene, the state board may require a public water system response, including all the following: (1) A requirement that investigation and additional testing be completed in consultation with, or at the direction of, the state board. (2) Timelines for investigation and additional testing. (3) Additional testing frequency and duration. (4) Additional testing locations, such as specific locations within a distribution system. (5) Flushing prior to confirmed detections of contamination. (6) Requirements to provide notice to affected customers upon a finding of contamination, including the form and content of the notices and when the notice shall be provided. (7) Remediation measures if contamination is found in the source waters, treatment facilities, conveyance facilities, distribution systems, or a combination thereof, such as taking sources offline, flushing within the distribution system, repairs, and replacements. (c) For purposes of this section, “wildfire” has the same meaning as defined in Section 51177 of the Government Code. (d) This section does not limit the state board’s authority under any other law. (Added by Stats. 2023, Ch. 530, Sec. 2. (AB 541) Effective January 1, 2024.)
  21. 116600.

    ## 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 7.2. Technical, Managerial, and Financial Standards [116600 - 116601] ( Article 7.2 added by Stats. 2024, Ch. 507, Sec. 1. )

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    The state board must develop and adopt minimum standards for certain small community water systems and school-serving nontransient noncommunity water systems.

    ## 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 7.2. Technical, Managerial, and Financial Standards [116600 - 116601] ( Article 7.2 added by Stats. 2024, Ch. 507, Sec. 1. ) ## 116600. (a) The state board shall develop and adopt minimum standards in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) related to the technical, managerial, and financial capacity of community water systems serving fewer than 10,000 people or 3,300 service connections and nontransient noncommunity water systems that serve K–12 schools. The standards shall review and consider the most recent technical, managerial, and financial assessment published by the state board, and may include, but not be limited to, all of the following: (1) Source water adequacy, related to both supply and quality. (2) Infrastructure adequacy, including source, treatment, distribution, and storage. (3) Adequacy of organizational staffing levels and staff technical knowledge, including internal management of outside contractors. (4) Adequate staffing and organization governance structures enabling transparent and informed decisions. (5) Effectiveness of external contracts, contractors, or other agreements. (6) Revenue sufficiency, including adequate financial reserves to plan, operate, maintain, and restore or replace the system’s water infrastructure as it reaches the end of its useful life. (7) Credit worthiness. (8) Fiscal management and controls. (9) Adequate management and technical staffing. (10) Governance and public processes. (b) In developing the standards, the state board shall review and consider documents, standards, and practices produced by other government and water industry organizations, including, but not limited to, all of the following: (1) United States Environmental Protection Agency reports related to the agency’s technical, managerial, and financial capacity standards, including the 2001 report titled “State Programs to Ensure Demonstration of Technical, Managerial, and Financial Capacity of New Water Systems.” (2) The American Water Works Association’s G410-18 Business Practices for Operation and Management and M1 Principles of Water Rates, Fees, and Charges. (3) The Rural Community Assistance Partnership’s document titled “The Basics of Financial Management for Small-community Utilities.” (4) Statutes, regulations, or reports from other state governments subject to the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.). (5) The most recent “California Capacity Development Strategy For Public Water Systems” document published by the state board. (c) In developing the standards, the state board may consider proposed or adopted regulations required by Section 116375. (d) Before adopting the standards, the state board shall convene at least two virtual statewide public workshops regarding the proposed standards. (e) This article does not limit the Public Utilities Commission’s authority in relation to the regulation of water corporations. (Added by Stats. 2024, Ch. 507, Sec. 1. (SB 1188) Effective January 1, 2025.)
  22. 116601.

    ## 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 7.2. Technical, Managerial, and Financial Standards [116600 - 116601] ( Article 7.2 added by Stats. 2024, Ch. 507, Sec. 1. )

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    Certain small community water systems and nontransient noncommunity water systems serving K–12 schools must show compliance with minimum standards, and the state board can set timelines, grant extensions, and require proof of capacity.

    ## 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 7.2. Technical, Managerial, and Financial Standards [116600 - 116601] ( Article 7.2 added by Stats. 2024, Ch. 507, Sec. 1. ) ## 116601. (a) Community water systems serving fewer than 10,000 people or 3,300 service connections and nontransient noncommunity water systems that serve K–12 schools shall demonstrate compliance with the minimum technical, managerial, and financial standards adopted pursuant to Section 116600 within timelines adopted by the state board. The timelines adopted by the state board shall not require compliance with the minimum technical, managerial, and financial standards sooner than two years after the adoption of the standards. The board may grant an extension for compliance with the technical, managerial, and financial standards for good cause when an explanation of the need for an extension is included in a compliance plan submitted by a water system and is approved by the state board. (b) Notwithstanding subdivision (a), new community water systems serving fewer than 10,000 persons or 3,300 service connections and nontransient noncommunity water systems that serve K–12 schools shall demonstrate, as part of a permit application, compliance with the minimum technical, managerial, and financial standards adopted pursuant to Section 116600. (c) The state board may require a community water system serving fewer than 10,000 people or 3,300 service connections and a nontransient noncommunity water system that serves K–12 schools subject to the minimum standards adopted pursuant to Section 116600 to show proof that it has the technical, managerial, and financial capacity to comply with the standards, including, but not limited to, annual reporting of information necessary and appropriate to monitor its current capacity status. (d) Nothing in this article shall be construed as limiting the state board’s authority under other laws, including the authority to order consolidation pursuant to Section 116682 or to request a technical report under Section 116530. (Added by Stats. 2024, Ch. 507, Sec. 1. (SB 1188) Effective January 1, 2025.)
  23. 116625.

    ## 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 8. Violations [116625- 116625.] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may suspend or revoke a permit for noncompliance or false statements, and may temporarily suspend a permit before a hearing when needed to prevent imminent or substantial danger to health.

    ## 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 8. Violations [116625- 116625.] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116625. (a) The state board, after providing notice to the permittee and opportunity for a hearing, may suspend or revoke any permit issued pursuant to this chapter if the state board determines pursuant to the hearing that the permittee is not complying with the permit, this chapter, or any regulation, standard, or order issued or adopted thereunder, or that the permittee has made a false statement or representation on any application, record, or report maintained or submitted for purposes of compliance with this chapter. If the permittee does not request a hearing within the period specified in the notice, the state board may suspend or revoke the permit without a hearing. If the permittee submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the permit at issue has been temporarily suspended pursuant to subdivision (b), the notice shall be provided within 15 days of the effective date of the temporary suspension order. The commencement of the hearing under this subdivision shall be as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the state board grants an extension of the 60 day period upon request of the permittee. (b) The state board may temporarily suspend any permit issued pursuant to this chapter before any hearing when the action is necessary to prevent an imminent or substantial danger to health. The state board shall notify the permittee of the temporary suspension and the effective date of the temporary suspension and, at the same time, notify the permittee that a hearing has been scheduled. The hearing shall be held as soon as possible, but not later than 15 days after the effective date of the temporary suspension unless the state board grants an extension of the 15-day period upon request of the permittee, and shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing under subdivision (a). The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code. The temporary suspension shall remain in effect until the hearing under this subdivision is completed and the state board has made a final determination on the temporary suspension, which shall be made within 15 days after the completion of the hearing unless the state board grants an extension of the 15-day period upon request of the permittee. If the determination is not transmitted within 15 days after the hearing is completed, or any extension of this period requested by the permittee, the temporary suspension shall be of no further effect. Dissolution of the temporary suspension does not deprive the state board of jurisdiction to proceed with a hearing on the merits under subdivision (a). (Amended by Stats. 2018, Ch. 92, Sec. 153. (SB 1289) Effective January 1, 2019.)
  24. 116650.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may issue a citation and assess a penalty when it determines a person is violating this chapter or related orders, permits, standards, citations, or regulations.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116650. (a) If the state board determines that a person is in violation of this chapter or any regulation, permit, standard, citation, or order issued or adopted thereunder, the state board may issue a citation to the person. The citation shall be served upon the person personally or by certified mail. Service shall be deemed effective as of the date of personal service or the date of receipt of the certified mail. If a person to whom a citation is directed refuses to accept delivery of the certified mail, the date of service shall be deemed to be the date of mailing. (b) Each citation shall be in writing and shall describe the nature of the violation or violations, including a reference to the statutory provision, standard, order, citation, permit, or regulation alleged to have been violated. (c) A citation may specify a date for elimination or correction of the condition constituting the violation. (d) A citation may include the assessment of a penalty as specified in subdivision (e). (e) The state board may assess a penalty in an amount not to exceed one thousand dollars ($1,000) per day for each day that a violation occurred, and for each day that a violation continues to occur. A separate penalty may be assessed for each violation and shall be in addition to any liability or penalty imposed under any other law. (Amended by Stats. 2023, Ch. 810, Sec. 3. (AB 664) Effective January 1, 2024.)
  25. 116655.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If the state board finds a violation or threatened violation, it may issue an order requiring compliance, preventive action, or other corrective measures.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116655. (a) Whenever the state board determines that any person has violated or is violating this chapter, or any order, permit, regulation, or standard issued or adopted pursuant to this chapter, the state board may issue an order doing any of the following: (1) Directing compliance forthwith. (2) Directing compliance in accordance with a time schedule set by the state board. (3) Directing that appropriate preventive action be taken in the case of a threatened violation. (b) An order issued pursuant to this section may include, but shall not be limited to, any or all of the following requirements: (1) That the existing plant, works, or system be repaired, altered, or added to. (2) That purification or treatment works be installed. (3) That the source of the water supply be changed. (4) That no additional service connection be made to the system. (5) That the water supply, the plant, or the system be monitored. (6) That a report on the condition and operation of the plant, works, system, or water supply be submitted to the state board. (Amended by Stats. 2015, Ch. 673, Sec. 9. (AB 1531) Effective January 1, 2016.)
  26. 116660.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section lets the department and courts seek injunctions against unauthorized operation of a public water system and other violations.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116660. (a) Any person who operates a public water system without having an unrevoked permit to do so, may be enjoined from so doing by any court of competent jurisdiction at the suit of the department. (b) When the department determines that any person has engaged in or is engaged in any act or practice that constitutes a violation of this chapter, or any regulation, permit, standard, or order issued or adopted thereunder, the department may bring an action in the superior court for an order enjoining the practices or for an order directing compliance. (c) Upon a showing by the department of any violation set forth in subdivision (b), the superior court shall enjoin the practices and may do any of the following: (1) Enforce a reasonable plan of compliance, including the appointment of a competent person, to be approved by the department, and paid by the operator of the public water system, who shall take charge of and operate the system so as to secure compliance. (2) Enjoin further service connections to the public water system. (3) Afford any further relief that may be required to insure compliance with this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 436. Effective January 1, 2007.)
  27. 116665.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If the department finds a public water system is failing, abandoned, or not following department rules or orders, it may ask the superior court to appoint a receiver.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116665. Whenever the department determines that any public water system is unable or unwilling to adequately serve its users, has been actually or effectively abandoned by its owners, or is unresponsive to the rules or orders of the department, the department may petition the superior court for the county within which the system has its principal office or place of business for the appointment of a receiver to assume possession of its property and to operate its system upon such terms and conditions as the court shall prescribe. The court may require, as a condition to the appointment of the receiver, that a sufficient bond be given by the receiver and be conditioned upon compliance with the orders of the court and the department, and the protection of all property rights involved. The court may provide, as a condition of its order, that the receiver appointed pursuant to the order shall not be held personally liable for any good faith, reasonable effort to assume possession of, and to operate, the system in compliance with the order. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  28. 116670.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A violation of a primary drinking water standard is a public nuisance dangerous to health, and it may be enjoined or summarily abated. Public officers or bodies with legal power must abate it immediately.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116670. Anything done, maintained, or suffered as a result of failure to comply with any primary drinking water standard is a public nuisance dangerous to health, and may be enjoined or summarily abated in the manner provided by law. Every public officer or body lawfully empowered to do so shall abate the nuisance immediately. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  29. 116675.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must, after notifying the local health officer, take authorized action against a public water system if it has had qualifying violations or if a contaminant creates an imminent and substantial health danger.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116675. Notwithstanding Sections 116340 and 116500, the department shall, after adequate notification of the local health officer, take action authorized by this chapter against a public water system under the jurisdiction of the local health officer if any of the following occur: (a) The public water system has been in violation of any provision of this chapter or the regulations adopted hereunder, including any violation of compliance with drinking water standards or waterworks standards, for a period of at least 90 days within the previous year. (b) A contaminant is present in, or likely to enter, a public water system and presents an imminent and substantial danger to the health of the users of the system. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  30. 116680.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Legislature states a policy favoring orderly growth and development and says that the formation, consolidation, and operation of water systems should support that policy.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116680. The Legislature finds and declares as follows: (a) It is the policy of the state to encourage orderly growth and development, which are essential to the social, fiscal, and economic well-being of the state. The Legislature recognizes that the logical formation, consolidation, and operation of water systems is an important factor in promoting orderly development and in balancing that development against sometimes competing state interests of discouraging urban sprawl, preserving open space and prime agricultural lands, and efficiently extending other government services. Therefore, the policy of the state should be affected by the logical formation, consolidation, and operation of water systems. (b) The powers set forth in Section 116682 for consolidation of water systems are consistent with the intent of promoting orderly growth. (Added by Stats. 2015, Ch. 27, Sec. 1. (SB 88) Effective June 24, 2015.)
  31. 116681.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines terms used in related drinking water remedy 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116681. The following definitions shall apply to this section and Sections 116682, 116684, 116686, and 116688: (a) “Adequate supply” means sufficient water to meet residents’ health and safety needs at all times. (b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe and that is not served by a public water system or state small water system. (c) “At-risk domestic well” means a domestic well that serves a disadvantaged community and is at risk of consistently failing to provide an adequate supply of safe drinking water as determined by the state board pursuant to the methodology established in the 2021 Drinking Water Needs Assessment referenced in subdivision (b) of Section 116769, or a substantially similar methodology adopted by the state board in an update to the Drinking Water Needs Assessment. (d) “At-risk water system” means a water system that meets all the following conditions: (1) The water system is either a public water system with 3,300 or fewer connections or a state small water system. (2) The system serves a disadvantaged community. (3) The system is at risk of consistently failing to provide an adequate supply of safe drinking water, as determined by the state board pursuant to the methodology established in the 2021 Drinking Water Needs Assessment referenced in subdivision (b) of Section 116769, or a substantially similar methodology adopted by the state board in an update to the Drinking Water Needs Assessment. (e) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. (f) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences. (g) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences into a single public water system. (h) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code. (i) “Domestic well” means a groundwater well used to supply water for the domestic needs of an individual residence or a water system that is not a public water system and that has no more than four service connections. (j) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. (k) “Groundwater sustainability agency” has the same meaning as provided in Section 10721 of the Water Code. (l) “Infill site” means a site within the area served by a subsumed water system that, as of the date of consolidation, is adjacent to a parcel that is developed for a qualified urban use. (m) “Operation period” means the period during which an administrator provides services to a designated water system, as provided in paragraph (2) of subdivision (r) of Section 116686. (n) “Qualified urban use” means any residential, commercial, public institutional, industrial, transit or transportation facility, or retail use, or any combination of those uses. (o) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. (p) “Safe drinking water” means water that meets all primary and secondary drinking water standards. (q) “State small water system” has the same meaning as provided in Section 116275. (r) “Subsumed water system” means a public water system, state small water system, or affected residences served by domestic wells consolidated into or receiving service from the receiving water system. (Amended by Stats. 2024, Ch. 506, Sec. 1. (AB 2454) Effective January 1, 2025.)
  32. 116682.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may order consolidation or service extension for certain disadvantaged communities or at-risk water systems, but it must follow notice, consultation, findings, and compensation 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116682. (a) (1) The state board, in circumstances described in subparagraph (A) or (B), may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The consolidation shall occur within six months of the initiation of the extension of service. The state board may set timelines and performance measures to facilitate completion of consolidation. (A) A public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, or is an at-risk water system. (B) A disadvantaged community, in whole or in part, is substantially reliant on domestic wells that consistently fail to provide an adequate supply of safe drinking water, or are at-risk domestic wells. (2) No later than July 1, 2020, the state board shall develop and adopt a policy that provides a process by which members of a disadvantaged community may petition the state board to consider ordering consolidation. The state board shall adopt the policy in a policy handbook consistent with the process provided for in subdivision (a) of Section 116760.43. (b) Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following: (1) Encourage voluntary consolidation or extension of service. (2) Consider other enforcement remedies specified in this article. (3) Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, whether the consolidation or extension of service is cost effective, and any other relevant information. (4) Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commission’s jurisdiction. If a receiving water system is regulated by the Public Utilities Commission, the state board shall inform the commission at least 60 days before the consolidation order, and upon issuance of the order the commission shall open a proceeding to determine cost allocation, ratemaking, and commission public participation requirements for the consolidation process. (5) Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code. (6) Consult with, and fully consider input from, the potentially receiving water system and all public water systems in the chain of distribution of the potentially receiving water system. The input from the potentially receiving water system may include, but is not limited to, information related to the classification of the potentially subsumed water system as an at-risk water system or a state small water system or of at-risk domestic wells. (7) Consult with, and fully consider input from, any groundwater sustainability agency in a basin that provides groundwater supply, in whole or in part, to the affected area. (8) (A) Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water. (B) During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system. (C) Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, the local agency formation commission with jurisdiction over the potentially subsumed water system, or the Public Utilities Commission. (9) Consider the affordability of the anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system. (10) (A) Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The 30-day notice shall include information about water quality concerns in the area, relevant information about health effects of water contaminants, and information about opportunities for consolidation or extension of service to address water quality issues. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, the potentially receiving water system, and the public an opportunity to present oral and written comments. (B) The state board shall provide an opportunity to submit comments by mail or electronically during the notice period and for at least one week after the meeting. (C) The state board shall review comments received during the meeting and received by mail and electronically during the notice period and for one week after the public meeting. (11) If the potentially subsumed water system to be consolidated into the receiving water system is an at-risk water system, the state board shall do all of the following: (A) Conduct outreach to ratepayers and residents served by the at-risk water system, including identifiable local community groups. These outreach efforts shall gauge community support for consolidation of the at-risk water system. The state board shall consider the results of this outreach when deciding whether to order consolidation of the at-risk water system. (B) Consider any petition submitted pursuant to paragraph (2) of subdivision (a) by members of a disadvantaged community served by the at-risk water system. (C) (i) If the potentially subsumed water system contends during the initial written comment period set forth in subparagraph (B) of paragraph (10) that it is not an at-risk water system, the state board shall consider during a public meeting any information provided by the potentially subsumed water system in support of its contention that it is not an at-risk water system. (ii) The state board shall make reasonable efforts to provide a 30-day notice of the public meeting described in clause (i) to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. (c) If a consolidation or other means of providing an adequate supply of safe drinking water has not been negotiated by the potentially receiving water system and the potentially subsumed water system before the expiration of the deadline set by the state board pursuant to paragraph (8) of subdivision (b), the state board shall do the following: (1) Consult with the potentially receiving water system and the potentially subsumed water system, if any. (2) (A) If the consolidation has not concluded within six months following the first public meeting held pursuant to paragraph (10) of subdivision (b), conduct a public meeting in a location as close as feasible to the affected communities. The meeting shall be held after the state board has made the findings described in subdivision (d). (B) The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, property owners to receive water service through service extension or in the area of the subsumed water system, and the public, and to all affected local government agencies and drinking water service providers. (C) The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present oral and written comments. (D) The meeting shall provide an opportunity for public comment. (3) The state board shall make reasonable efforts to ensure that a receiving water system and a subsumed water system are informed on a regular basis of progress regarding actions taken pursuant to this section. (d) Before ordering consolidation or extension of service, the state board shall find all of the following: (1) The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or it is at risk of doing so, as determined by the state board. (2) Reasonable efforts to negotiate consolidation or extension of service were made. (3) Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. In making this finding, the state board shall consider how many owners of dwelling units served by domestic wells in the service area have provided, or are likely to provide, written consent to extension of service. The state board need not find that any specific percentage of the owners of dwelling units served by domestic wells in the service area are likely to consent to the consolidation or extension of service to serve their dwelling unit. (4) There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time. (5) Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed. (6) Consolidation or extension of service is an effective and cost-effective means to provide an adequate supply of safe drinking water. (7) The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system, infill sites within the community served by the subsumed water system, residents of disadvantaged communities in existence as of the date of consolidation and that are located along the service line connecting the subsumed water system and the receiving water system, and vacant lots within the community served by the subsumed water system that are zoned to allow residential use and have no more than one other vacant lot between that parcel and an infill parcel, including capacity needed for services such as firefighting. (e) Upon ordering consolidation or extension of service, the state board shall do all of the following: (1) As necessary and appropriate, as determined by the state board, compensate the receiving water system for any capacity lost as a result of the consolidation or extension of service either by paying the water system’s capacity charge set out in the water system’s adopted rate structure or by providing additional capacity needed as a result of the consolidation or extension of service, and by paying legal fees. When the receiving water system is compensated for capacity lost by payment of a capacity charge, the capacity charge shall be paid only to the extent that it does not exceed the reasonable cost of providing the service in accordance with Section 66013 of the Government Code. If capacity beyond what is needed for consolidation is provided by a project funded through the state board, the state board shall retain an option to use that capacity for future consolidations, without paying additional capacity charges, for five years, unless it releases that option in writing. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the water infrastructure needed for the consolidation or extension of service. The state board’s existing financial assistance guidelines and policies shall be the basis for the financial assistance. (2) Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service. (3) Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board. (4) Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization. (5) If ordering consolidation or extension of service between two water systems, consider any existing domestic wells within the service area that could also be subject to consolidation or extension of service pursuant to this section. (6) If ordering consolidation or extension of service to a community containing residences served by domestic wells, promptly take all reasonable steps to obtain written consent to the consolidation or extension of service from an owner of each residence served by a domestic well. (f) If funds are appropriated for this purpose, the state board may make funds available for the purposes of subdivision (e), as necessary and appropriate, to the receiving water system, the subsumed water system, or an administrator providing full oversight of construction or development projects related to a consolidation or extension of service. (g) (1) For purposes of this section, fees, charges, and terms and conditions that may be imposed on new and existing customers of a receiving water system shall be subject to the following limitations: (A) The consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit. (B) Except as provided in paragraph (2), fees or charges imposed on a customer of a subsumed water system shall not exceed the costs of the service. (C) Except as provided in paragraph (2), the receiving water system shall not charge any fees to, or place conditions on, customers of the subsumed water system that it does not charge to, or impose on, new customers that are not subject to the consolidation with the receiving water system. (2) (A) Notwithstanding subparagraph (B) or (C) of paragraph (1), if costs incurred by the receiving water system in completing the consolidation or extension of service are not otherwise recoverable as provided in subparagraph (B) of this paragraph, the receiving water system may charge fees to customers of the subsumed water system to recover those costs. (B) A receiving water system shall not charge a fee pursuant to subparagraph (A) for costs that are otherwise recoverable from the state, the federal government, programs administered by local agencies, parties responsible for causing contamination that the consolidation or extension of service is designed to address, or other sources, as determined by the state board. (h) The state board shall not, pursuant to this section, fund public works or upgrades unrelated to the delivery of an adequate supply of affordable, safe drinking water, including, but not limited to, the installation of streetlights, sidewalks, curbs, and gutters. A local agency’s decision whether to provide these public works or upgrades shall not delay the consolidation or extension of service. (i) When a public water system is operated by a local educational agency, the state board may order a receiving water system to consolidate or extend service to a public water system operated by a local educational agency pursuant to this section if both the following additional conditions are met: (1) The local educational agency serves students from one or more census blocks that are disadvantaged communities. (2) The state board obtains a written determination from the local educational agency that the state board’s analysis in the financing package, developed pursuant to subparagraph (B) of paragraph (8) of subdivision (b), indicates that consolidating or extending service would not result in additional unacceptable costs to the local educational agency and would result in safe drinking water being available to the local educational agency. (j) (1) An order pursuant to this section shall not require consolidation or extension of service to a residence served solely by a domestic well until an owner of the affected residence provides written consent to the consolidation or extension of service. (2) Any owner of a domestic well that is located within the consolidation or extended service area who does not provide written consent shall be ineligible, until the consent is provided, for any future water-related grant funding from the state other than funding to mitigate a well failure, disaster, or other emergency. (3) (A) Notwithstanding any other law, any owner of a domestic well that serves a rental property and is located within the consolidation or extended service area who does not provide written consent shall ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water and, until consent is provided, shall do all of the following: (i) Once per year, test the drinking water from domestic wells subject to subparagraph (A). Testing shall be conducted for all contaminants for which the state board has adopted primary and secondary drinking water standards and conducted pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations. (ii) Provide the results from the testing to all tenants within 10 days of receiving those results. The notice shall comply with subdivisions (a) and (d) of Section 64465 of Title 22 of the California Code of Regulations, and any revisions to those regulations, and shall be provided in English and the primary language spoken by the tenant recipient. (iii) Provide the test results to the local health officer or other relevant health agency. (B) If the testing results collected pursuant to subparagraph (A) demonstrate a violation of any primary or secondary drinking water standards adopted by the state board, the domestic well owner shall provide or pay for uninterrupted replacement water service, which may include wellhead treatment. (C) If wellhead treatment is used to meet the requirement of subparagraph (B), the domestic well owner shall do both of the following: (i) Conduct testing pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations, to determine if, subsequent to wellhead treatment, water from the domestic well meets primary and secondary drinking water standards adopted by the state board. (ii) Provide the test results to tenants pursuant to clause (ii) of subparagraph (A) and to the local health officer or other relevant health agency. (D) An owner of a domestic well shall not impose any charge, or increase any fee, rent, or other charge imposed, on any tenant solely as a result of the requirements of subparagraphs (A), (B), and (C). (E) The requirements of this paragraph shall apply to consolidations ordered by the state board pursuant to this section, and to voluntary consolidations negotiated between a receiving water system and a subsumed water system, subsequent to encouragement to consolidate by the state board pursuant to paragraph (1) of subdivision (b). (F) The state board shall enforce this paragraph if the Legislature has appropriated sufficient funds in the annual Budget Act or otherwise for that purpose. (k) A finding that a disadvantaged community, in whole or in part, is substantially reliant on at-risk domestic wells shall be based on the maps created pursuant to paragraph (1) of subdivision (a) of Section 116772 and inspection or testing of the domestic wells showing an imminent risk of failing to provide an adequate supply of safe drinking water. (l) The state board may prioritize consolidation of an at-risk water system that has historically been overburdened by pollution and industrial development or faced other environmental justice hurdles. (m) Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to an action taken by the state board pursuant to this section. (Amended by Stats. 2023, Ch. 810, Sec. 4. (AB 664) Effective January 1, 2024.)
  33. 116684.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section limits liability for certain water-system entities during an interim operation period and imposes notice and service conditions for that period.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116684. (a) Liability of a consolidated water system, wholesaler, or any other agency in the chain of distribution that delivers water to a consolidated water system shall be limited as described in this section. (b) (1) The consolidated water system, wholesaler, or any other agency in the chain of distribution that delivers water to a consolidated water system, shall not be held liable for claims by past or existing customers or those who consumed water provided through the subsumed water system concerning the operation and supply of water from the subsumed water system during the interim operation period specified in subdivision (d) for any good faith, reasonable effort using ordinary care to assume possession of, to operate, or to supply water to the subsumed water system. (2) The consolidated water system, wholesaler, or any other agency in the chain of distribution that delivers water to a consolidated water system, shall not be held liable for claims by past or existing customers or by those who consumed water provided through the subsumed water system for any injury that occurred prior to the commencement of the interim operation period specified in subdivision (d). (c) (1) The consolidated water system, wholesaler, or any other agency in the chain of distribution that delivers water to a consolidated water system, shall not be held liable for claims by past or existing customers or by those who consumed water provided through the subsumed water system concerning the provision of supplemental imported water supplies to the subsumed water system during the interim operation period specified in subdivision (d) for any good faith, reasonable effort using ordinary care to supply water to the subsumed water system. (2) The consolidated water system, wholesaler, or any other agency in the chain of distribution that delivers water to a consolidated water system, shall not be held liable for claims by past or existing customers or by those who consumed water provided through the subsumed water system concerning the operation and supply of water from the subsumed water system for any injury that occurred prior to the commencement of the interim operation period specified in subdivision (d). (3) This subdivision shall only apply if the water supplied by the consolidated water system through a temporary potable service pipeline to the subsumed water system meets or exceeds federal and state drinking water quality standards. (d) (1) The interim operation period shall commence upon the connection of a temporary potable service pipeline by the consolidated water system to the subsumed water system, or upon the execution of an agreement between the consolidated water system, subsumed water system, and any other signatories to provide service to the customers of the subsumed water system, whichever occurs first. (2) (A) Except as provided in subparagraph (B), the interim operation period shall last until permanent replacement facilities are accepted by the consolidated water system with the concurrence of the State Water Resources Control Board and the facilities and water supply meet drinking water and water quality standards. (B) Upon the showing of good cause, the interim operation period shall be extended by the State Water Resources Control Board for up to three successive one-year periods at the request of the consolidated water system. (3) The acceptance date of permanent replacement facilities shall be publicly noticed by the consolidated water system. (e) Subdivision (b) shall only apply if the consolidated water system provides water to the subsumed water system in accordance with all of the following conditions: (1) Water provided by the consolidated water system through a temporary potable service pipeline to the subsumed water system shall meet or exceed federal and state drinking water quality standards. (2) Reasonable water system flow and pressure through a temporary potable service pipeline shall be maintained during the interim operation period based upon the condition and integrity of the existing subsumed water system, and any disruptions to water delivery resulting from construction-related activities associated with the installation of permanent replacement facilities shall be minimal. (3) The consolidated water system shall notify fire officials serving the subsumed water system service area of the condition and firefighting support capabilities of the subsumed water system and planned improvements with the installation of permanent replacement facilities thereto. The consolidated water system shall maintain or improve the condition and firefighting support capabilities of the subsumed water system during the interim operation period. (4) Customers of the subsumed water system shall receive written notice upon any change in possession, control, or operation of the water system. (f) Nothing in this section shall be construed to do any of the following: (1) Relieve any water district, water wholesaler, or any other entity from complying with any provision of federal or state law pertaining to drinking water quality. (2) Impair any cause of action by the Attorney General, a district attorney, a city attorney, or any other public prosecutor, or impair any other action or proceeding brought by or on behalf of a regulatory agency. (3) Impair any claim alleging the taking of property without compensation within the meaning of either the Fifth Amendment to the United States Constitution or Section 19 of Article I of the California Constitution. (Added by Stats. 2015, Ch. 27, Sec. 4. (SB 88) Effective June 24, 2015.)
  34. 116686.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may oversee designated water systems by hiring or ordering administrators, but it must give notice, hold a public meeting, and follow handbook procedures before doing so.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116686. (a) (1) To provide an adequate supply of affordable, safe drinking water to disadvantaged communities, voluntary participants, and public water systems that have demonstrated difficulty in maintaining technical, managerial, and financial capacity and to prevent fraud, waste, and abuse, the state board may do any of the following, if sufficient funding is available: (A) (i) Contract with, or provide a grant to, an administrator to provide administrative, technical, operational, legal, or managerial services, or any combination of those services, to a designated water system to assist the designated water system with the provision of an adequate supply of affordable, safe drinking water, which services may include steps necessary to enable consolidation. (ii) To fulfill the requirements of this section, the state board may contract with more than one administrator, but only one administrator may be assigned to provide services to a given designated water system. (iii) An administrator may provide services to more than one designated water system. (B) Order a designated water system to accept administrative, technical, operational, legal, or managerial services, including full management and control of all aspects of the designated water system, from an administrator selected by the state board. (C) Order a designated water system to accept administrative, technical, operational, legal, or managerial services from an administrator appointed by the state board for full oversight of construction or development projects related to a consolidation or extension of service, including, but not limited to, accepting loans and grants issued by the state board and entering into contracts on behalf of the designated water system. (2) In performing its duties pursuant to paragraph (1), the state board may use criteria from the handbook adopted pursuant to subdivision (g). (b) Unless the state board has already held a public meeting pursuant to subdivision (b) of Section 116682, the state board shall do all of the following to determine that a public water system or state small water system is a designated water system: (1) Provide the public water system or state small water system with notice and an opportunity to show either of the following: (A) That the public water system or state small water system has neither consistently failed to provide an adequate supply of affordable, safe drinking water nor is it an at-risk water system. (B) That the public water system or state small water system has taken steps to timely address its failure to provide an adequate supply of affordable, safe drinking water and that it is not an at-risk water system. (2) (A) Conduct a public meeting in a location as close as feasible to the affected community. (B) The state board shall make reasonable efforts to provide a 30-day notice of the public meeting to affected ratepayers, renters, and property owners. (C) The state board shall provide representatives of the public water system or state small water system, affected ratepayers, renters, and property owners with an opportunity to present oral and written comments at the public meeting. (D) The state board shall provide at the meeting an opportunity for public comment. (3) Provide the public with an opportunity to submit comments by mail or electronically during the 30-day notice period and for at least one week after the public meeting described in paragraph (2). (4) If the public water system is operated by a local educational agency, obtain the local educational agency’s agreement, in writing, to the appointment of an administrator. (c) The state board shall make financial assistance available to an administrator of a designated water system, as appropriate and to the extent that funding is available. (d) The authority granted to an administrator by the state board pursuant to subdivision (a) may include, but shall not be limited to, the authority to do all of the following: (1) Expend available moneys for capital infrastructure improvements that the designated water system needs to provide an adequate supply of affordable, safe drinking water or to execute a consolidation ordered pursuant to Section 116682. (2) Set and collect user water rates and fees, subject to approval by the state board. The state board shall consider affordability when approving water rates and fees. The provisions of this section are subject to all applicable constitutional requirements, including Article XIII D of the California Constitution. (3) Expend available moneys for operation and maintenance costs of the designated water system. (4) Expend available moneys necessary to achieve consolidation, including conducting feasibility or planning studies, or addressing outstanding technical or legal issues. (e) The state board shall work with the administrator of a designated water system and the communities served by that designated water system to develop, within the shortest practicable time, adequate technical, managerial, and financial capacity to deliver an adequate supply of affordable, safe drinking water so that the services of the administrator are no longer necessary. (f) A designated water system shall not be responsible for any costs associated with an administrator that are higher than the costs necessary to maintain the designated water system and provide an adequate supply of affordable, safe drinking water. (g) Before ordering a designated water system to accept administrative, technical, operational, legal, or managerial services from an administrator pursuant to subdivision (a), the state board shall develop standards, terms, and procedures in a handbook adopted consistent with the process provided for in subdivision (a) of Section 116760.43 for all of the following: (1) Ensuring compliance with subdivision (f). (2) Providing opportunity for public comment on the selection of an administrator and the services to be provided. (3) Providing public access to budgets, ownership and financial information, and other documents and records related to the provision of water service to the designated water system or affected residences and to the management of the designated water system by the administrator. (4) Providing regular public meetings, notifications, opportunities for public comment, and other forms of engagement with customers of the designated water system for significant decisions or actions made on behalf of the designated water system, including, but not limited to, establishing operating budgets, altering water rates, adopting system policies, entering into long-term contracts or financing commitments, and developing system projects or plans. (5) Formal requests to the state board to reverse or modify a decision of an administrator or to request substitution of an administrator. (6) Ensuring an administrator acts in the best interests of the community served. (7) Development and approval of a post-administrator drinking water service plan to ensure compliance with subdivision (e). Development of the plan shall include, but is not limited to, an evaluation of long-term public governance or community ownership options. (h) An administrator appointed pursuant to this section for a designated water system shall not be liable for claims by past or existing ratepayers, or those who consumed water provided through the designated water system, if good faith, reasonable effort, and ordinary care were used by the administrator to assume possession of, or to operate, the designated water system. (i) An administrator appointed pursuant to this section for a designated water system shall not be liable for claims by past or existing ratepayers, or those who consumed water provided through the designated water system, for any injury or damages that occurred before the commencement of the operation period. (j) This section does not limit or supersede any other law authorizing claims against the state board or providing a defense to liability, and shall not be construed to create any new or expanded basis for liability. (k) Nothing in this section shall be construed to do any of the following: (1) Relieve a water district, water wholesaler, or any other entity from complying with any provision of federal or state law, including those pertaining to drinking water quality. (2) Impair any cause of action by the Attorney General, a district attorney, a city attorney, or other public prosecutor, or impair any other action or proceeding brought by, or on behalf of, a regulatory agency. (3) Impair any claim alleging the taking of property without compensation within the meaning of either the Fifth Amendment to the United States Constitution or Section 19 of Article I of the California Constitution. (4) Relieve any person or entity from liability for action or inaction in bad faith, or without reasonable effort or ordinary care. (l) Nothing in this section shall absolve, indemnify, or protect a prior operator, designated water system, or individual from liability based on an act or failure to act prior to the operation period. (m) Administrative and managerial contracts pursuant to this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section. (n) For purposes of this section, a local government, as defined in Article XIII C of the California Constitution, that sets water rates in accordance with Article XIII D of the California Constitution shall be deemed to be providing affordable water. (o) This section does not apply to a charter city, charter county, or charter city and county. (p) (1) For purposes of this section, an administrator is authorized to act on behalf of an affected residence to the same extent, and in the same manner, as a designated water system with the consent of the affected residence. (2) For purposes of this section, where an administrator is authorized to act on behalf of a designated public water system, it may also act on behalf of a voluntary participant. (q) The Legislature finds and declares that the funding provided to a state small water system, affected residence, public water system, voluntary participant, or administrator for purposes of this section serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. (r) For purposes of this section, the following terms have the following meanings: (1) “Administrator” means a person whom the state board has determined is competent to perform the administrative, technical, operational, legal, or managerial services required for purposes of this section, pursuant to criteria set forth in the handbook adopted pursuant to subdivision (g). Notwithstanding any other law, a privately owned public utility may serve as an administrator for purposes of this section. (2) “Designated water system” means any of the following: (A) A public water system or state small water system that has been ordered to consolidate pursuant to Section 116682. (B) A public water system or state small water system that serves a disadvantaged community and that the state board finds consistently fails to provide an adequate supply of affordable, safe drinking water. (C) An at-risk water system. (3) “Voluntary participant” means the owner of a domestic well or state small water system who has agreed to accept financial assistance pursuant to Chapter 4.6 (commencing with Section 116765) for the provision of an adequate and affordable supply of safe drinking water. (Amended by Stats. 2022, Ch. 681, Sec. 2. (SB 1254) Effective January 1, 2023.)
  35. 116687.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section directs the state board to require the district to accept administrator control, sets steps for audit and dissolution, and limits liability during interim operations.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116687. (a) For purposes of this section, the following terms have the following meanings: (1) “District” means the Sativa-Los Angeles County Water District. (2) “Commission” means the Local Agency Formation Commission for the County of Los Angeles. (b) To provide affordable, safe drinking water to disadvantaged communities, the state board shall order the district to accept administrative and managerial services, including full management and control, from an administrator selected by the state board, as prescribed in Section 116686, except that the state board is not required to conduct a public meeting as described in paragraph (2) of subdivision (b) of Section 116686. (c) (1) Upon the appointment of an administrator, all of the following apply: (A) Notwithstanding Article 1 (commencing with Section 30500) of Chapter 1 of Part 3 of Division 12 of the Water Code, the district’s board of directors shall surrender all control to the appointed administrator and shall thereafter cease to exist. (B) The members of the board of directors of the district shall have no standing to represent the district’s ratepayers, and a member of the board of directors shall have no claim for benefits other than those the member actually received while a member of the board of directors. (C) Any action by the board of directors to divest the district of its assets shall be deemed tampering with a public water system pursuant to Section 116750 and is subject to the criminal penalties provided for in that section. (2) Within 90 days of the appointment of an administrator, the Controller shall perform a desk audit or financial review of the district. The state board shall exercise its legal authority to facilitate the desk audit or financial review, including, but not limited to, its authority to take possession of the district’s financial records. (3) Any decision by the commission about the dissolution or consolidation of the district is not subject to the provisions of Section 57077.6 of the Government Code, nor to any other requirement for a protest proceeding or election. The commission shall not impose any condition on the successor agency that requires a protest proceeding or an election, as described in Part 4 (commencing with Section 57000) and Part 5 (commencing with Section 57300) of Division 3 of Title 5 of the Government Code, respectively. (4) If the commission approves a dissolution of the district initiated by the commission, a successor agency designated in the dissolution by the commission, in consultation with the commission, may solicit proposals, evaluate submittals, and select any public water system to be the receiving water system and subsume all assets, liabilities, adjudicated water rights, responsibilities, and service obligations to provide retail water service to existing and future ratepayers within the former territory of the district. The successor agency shall represent the interests of the public and the ratepayers in the former territory of the district. (d) The state board may provide additional funding to the administrator or the Water Replenishment District of Southern California or the successor agency designated by the commission for urgent infrastructure repairs to the public water system of the district without regard to the future ownership of any facilities affected by this funding. For purposes of this section, “urgent infrastructure repairs” are those that are immediately necessary to protect the public health, safety, and welfare of those served by the district. (e) If the district is consolidated with a receiving water system as prescribed in Sections 116682 and 116684, the subsumed territory of the district may include both unincorporated territory of the County of Los Angeles and incorporated territory of the City of Compton. (f) (1) Any administrator appointed pursuant to subdivision (b), any successor agency to the district designated by the commission to take over the district, any receiving operator of a public water system that provides service to the territory of the district, any water corporation that acquires the district, and the commission shall not be held liable for claims by past or existing district ratepayers or those who consumed water provided through the district concerning the operation and supply of water from the district during the interim operation period specified in subdivision (g) for any good faith, reasonable effort using ordinary care to assume possession of the territory of, to operate, or to supply water to the ratepayers within the territory of, the district. (2) Any administrator appointed pursuant to subdivision (b), any successor agency to the district designated by the commission to take over the district, any receiving operator of a public water system that provides service to the territory of the district, any water corporation that acquires the district, and the commission shall not be held liable for claims by past or existing district ratepayers or those who consumed water provided through the district for any injury that occurred prior to the commencement of the interim operation period specified in subdivision (g). (g) (1) Notwithstanding subdivision (d) of Section 116684, for any successor agency to the district designated by the commission to take over the district, any receiving operator of a public water system that provides service to the territory of the district, or any water corporation that acquires the district, the interim operation period shall commence upon the execution of an agreement or designation by the commission to provide water services to the district and shall end one year later. Upon the showing of good cause, the interim operation period shall be extended by the commission for up to three successive one-year periods at the request of an entity described in this paragraph. (2) For the administrator appointed pursuant to subdivision (b), the interim operation period commences upon being appointed by the state board and ends when a successor agency has been designated by the commission to provide water service to ratepayers of the district, when a receiving water agency is consolidated with or extends service to ratepayers of the district, when a water corporation acquires the district with the approval of the Public Utilities Commission, or when the administrator’s obligation to provide interim administrative and managerial services has otherwise ended. (Amended by Stats. 2022, Ch. 89, Sec. 17. (SB 938) Effective January 1, 2023.)
  36. 116688.

    ## 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A domestic well owner serving a rental property must join an applicable testing program, request the required tests, consent to sharing results, give residents the results within 10 days, and cannot pass the cost on to residents solely because of this 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 9. Remedies [116650 - 116688] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116688. (a) For the purposes of this section, “testing program” means a program that provides domestic well testing for one or more primary or secondary drinking water contaminants by a laboratory accredited by the state to conduct drinking water sampling and analysis, that is offered free of charge to the owner of a domestic well or a resident of a rental property served by a domestic well, and that was established by, or receives funding from, the state board or a regional water quality control board. (b) (1) An owner of a domestic well that serves a rental property that is within the boundaries of a testing program shall participate in the testing program, to the extent that the testing program has capacity, and shall do all of the following: (A) (i) Request testing for all primary and secondary drinking water contaminants for which testing is provided by the testing program. (ii) The domestic well owner may request testing for contaminants of emerging concern if offered by the testing program. (B) Request regular testing as frequently as the testing program recommends, within the capacity of the testing program. (C) Provide all necessary consent for the testing and for submission of testing results by the accredited laboratory to the state board, to any relevant database maintained by the state board, or to the local health officer or other relevant local agency, depending on the testing program’s procedures for sharing testing data. (2) If a domestic well that serves a rental property is located within the boundaries of more than one testing program, the owner of the domestic well shall be required to participate in only one testing program at a time. (3) If the owner of a domestic well that serves a rental property does not qualify for a testing program but a resident of the rental property does, the owner shall participate in the testing program on the resident’s behalf, to the extent allowed by the testing program. (c) (1) The state board shall post information regarding applicable testing programs on its internet website. The information shall include, but is not limited to, all of the following: (A) The boundaries of the testing program. (B) Qualifications for participating in the testing program. (C) Information on how to participate in the testing program. (D) The duty of an owner of a domestic well that serves a rental property to comply with the requirements of this section. (E) Information on how to read and understand test results. (F) Information on how domestic well users can access safe drinking water, including through programs offered by the state board, regional water quality control boards, or other state agencies. (2) The state board shall inform all counties within the boundaries of a testing program of the presence of the testing program and of the information described in paragraph (1), and shall encourage the relevant local health officers or other relevant local agencies to share this information with the owners of domestic wells and residents of rental properties served by domestic wells, within the boundaries of the testing program. (3) The state board and the regional water quality control boards may partner with local agencies and community organizations to spread awareness and educate domestic well owners and residents of rental properties served by domestic wells about testing programs and the requirements of this section. (d) Within 10 days of receiving test results from a testing program, the owner of a domestic well that serves a rental property shall ensure that the test results, and the information on how to read and understand test results posted by the board pursuant to subparagraph (E) of paragraph (1) of subdivision (c), are provided to current residents of the rental property. (e) If the test results collected pursuant to this section demonstrate an exceedance of any primary drinking water standard, and the owner of the domestic well or a resident served by the domestic well is eligible for the provision of safe drinking water under a program identified pursuant to subparagraph (F) of paragraph (1) of subdivision (c), the domestic well owner shall provide safe drinking water under that program to residents served by the domestic well. (f) An owner of a domestic well shall not impose any charge, or increase any fee, rent, or other charge imposed, on any resident solely as a result of the requirements of this section. (g) This section does not impose any new obligation or requirement on a testing program. (Added by Stats. 2024, Ch. 506, Sec. 2. (AB 2454) Effective January 1, 2025.)
  37. 116700.

    ## 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 10. Judicial Review [116700 - 116701] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. )

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    An aggrieved party may ask the superior court to review a state board decision or order by writ of mandate within 30 days after service, and the court must independently judge the evidence.

    ## 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 10. Judicial Review [116700 - 116701] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116700. (a) Within 30 days after service of a copy of a decision or order issued by the state board, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the decision or order. (b) In every case, the court shall exercise its independent judgment on the evidence. (c) Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. (d) If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court. (Amended by Stats. 2017, Ch. 327, Sec. 30. (AB 1438) Effective January 1, 2018.)
  38. 116701.

    ## 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 10. Judicial Review [116700 - 116701] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section lets certain affected people ask the state board to reconsider specified orders or decisions within 30 days, and it requires a reconsideration petition to be complete before a later writ petition.

    ## 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 10. Judicial Review [116700 - 116701] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116701. (a) (1) Within 30 days of issuance of an order or decision under authority delegated to an officer or employee of the state board under Article 8 (commencing with Section 116625) or Article 9 (commencing with Section 116650), an aggrieved person may petition the state board for reconsideration. (2) Within 30 days of issuance of an order or decision under authority delegated to an officer or employee of the state board under Section 116540, the applicant may petition the state board for reconsideration. (3) Within 30 days of final action by an officer or employee of the state board acting under delegated authority, the owner of a laboratory that was the subject of the final action may petition the state board for reconsideration of any of the following actions: (A) Denial of an application for certification or accreditation under Section 100855. (B) Issuance of an order directing compliance under Section 100875. (C) Issuance of a citation under Section 100880. (D) Assessment of a penalty under subdivision (e) of Section 100880. (b) The petition shall include the name and address of the petitioner, a copy of the order or decision for which the petitioner seeks reconsideration, identification of the reason the petitioner alleges the issuance of the order or decision was inappropriate or improper, the specific action the petitioner requests, and other information as the state board may prescribe. The petition shall be accompanied by a statement of points and authorities of the legal issues raised by the petition. (c) The evidence before the state board shall consist of the record before the officer or employee who issued the order or decision and any other relevant evidence that, in the judgment of the state board, should be considered to implement the policies of this chapter. The state board may, in its discretion, hold a hearing for receipt of additional evidence. (d) The state board may refuse to reconsider the order or decision if the petition fails to raise substantial issues that are appropriate for review, may deny the petition upon a determination that the issuance of the order or decision was appropriate and proper, may set aside or modify the order or decision, or take other appropriate action. The state board’s action pursuant to this subdivision shall constitute the state board’s completion of its reconsideration. (e) The state board, upon notice and hearing, if a hearing is held, may stay in whole or in part the effect of the order or decision subject to the petition for reconsideration. (f) If an order or decision is subject to reconsideration under this section, the filing of a petition for reconsideration is an administrative remedy that must be exhausted before filing a petition for writ of mandate under Section 100920.5 or 116700. (Amended by Stats. 2017, Ch. 327, Sec. 31. (AB 1438) Effective January 1, 2018.)
  39. 116725.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section allows courts to impose civil penalties for false statements, violating drinking-water compliance orders, and operating a public water system without the required permit.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116725. (a) Any person who knowingly makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for purposes of compliance with this chapter, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues. (b) Any person who violates a citation schedule of compliance for a primary drinking water standard or any order regarding a primary drinking water standard or the requirement that a reliable and adequate supply of pure, wholesome, healthful, and potable water be provided may be liable, as determined by the court, for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each separate violation or, for continuing violations, for each day that violation continues. (c) Any person who violates any order, other than one specified in subdivision (b), issued pursuant to this chapter may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues. (d) Any person who operates a public water system without a permit issued by the department pursuant to this chapter may be liable, as determined by the court, for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each separate violation or, for continuing violations, for each day that violation continues. (e) Each civil penalty imposed for any separate violation pursuant to this section shall be separate and in addition to any other civil penalty imposed pursuant to this section or any other provision of law. (Amended by Stats. 2009, Ch. 298, Sec. 18. (AB 1540) Effective January 1, 2010.)
  40. 116730.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Knowingly making false records, hiding required records, withholding required danger information, violating certain department orders, or operating a public water system without a permit can lead to criminal penalties.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116730. (a) Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment: (1) Makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with this chapter. (2) Has in his or her possession any record required to be maintained pursuant to this chapter that has been altered or concealed. (3) Destroys, alters, or conceals any record required to be maintained pursuant to this chapter. (4) Withholds information regarding an imminent and substantial danger to the public health or safety when the information has been requested by the department in writing and is required to carry out the department’s responsibilities pursuant to this chapter in response to an imminent and substantial danger. (5) Violates an order issued by the department pursuant to this chapter that has a substantial probability of presenting an imminent danger to the health of persons. (6) Operates a public water system without a permit issued by the department pursuant to this chapter. (b) A second or subsequent violation of subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or imprisonment in a county jail for not more than one year, by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 201. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  41. 116735.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may inspect public water systems and related records, and owners must provide requested records within 15 business days.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116735. (a) (1) In order to carry out the purposes of this chapter, a duly authorized representative of the state board may, at a reasonable hour of the day, do any of the following: (A) Enter and inspect a public water system or a place where the public water system records are stored, kept, or maintained. (B) Inspect and copy records, reports, test results, or other information required to carry out this chapter. (C) Set up and maintain monitoring equipment for purposes of assessing compliance with this chapter. (D) Obtain samples of the water supply. (E) Photograph a portion of the system, activity, or a sample taken. (2) An owner of a public water system shall provide to the state board reports, test results, and other information required to carry out this chapter within 15 business days of receiving a request for those records from a duly authorized representative of the state board. (b) The state board shall inspect each public water system as follows: (1) A system with any surface water source with treatment shall be inspected annually. (2) A system with any groundwater source subject to treatment with only groundwater sources shall be inspected biennially. (3) A system with only groundwater sources not subject to treatment shall be inspected every three years. (c) Nothing in this section shall prohibit the state board from inspecting public water systems on a more frequent basis. An opportunity shall be provided for a representative of the public water system to accompany the representative of the state board during the inspection of the water system. (d) It shall be a misdemeanor for a person to prevent, interfere with, or attempt to impede in any way a duly authorized representative of the state board from undertaking the activities authorized by paragraph (1) of subdivision (a). A person who violates paragraph (2) of subdivision (a) shall be subject to the provisions of Section 116730, as applicable. (Amended by Stats. 2015, Ch. 673, Sec. 11. (AB 1531) Effective January 1, 2016.)
  42. 116740.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If a civil penalty assessment is final and unappealable and still unpaid, the Attorney General or district attorney must recover the amount in superior court.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116740. If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, the Attorney General or the district attorney shall recover the amount for which the person is liable in the superior court. In this action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  43. 116745.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The remedies under this chapter are cumulative and do not limit other remedies or additional relief based on the same facts.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116745. The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  44. 11675.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. )

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    Counties or regional groups of counties may create overdose fatality review teams, and counties may develop overdose postmortem protocols.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. ) ## 11675. (a) A county or regional group of counties may establish an interagency overdose fatality review team to assist local agencies in identifying and reviewing overdose fatalities, facilitate communication among the various persons and agencies involved in overdose fatalities, and integrate local overdose prevention efforts through strategic planning, data dissemination, and community collaboration. (b) A county may develop standardized protocols for postmortem examinations involving an overdose to assist coroners and other persons who perform postmortem examinations in determining whether drugs contributed to a death or were the actual cause of death. The protocols may establish written reporting procedures, including the proper designation of the cause and mode of death. (Added by Stats. 2024, Ch. 639, Sec. 1. (AB 2871) Effective January 1, 2025.)
  45. 116750.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Tampering with a public water system is a felony, and threatening to tamper is also a felony.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116750. (a) Any person who tampers with a public water system is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years, subject to a fine not to exceed thirty thousand dollars ($30,000), or both. (b) Any person who tampers with or makes a threat to tamper with a public water system is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years, subject to a fine not to exceed twenty thousand dollars ($20,000), or both. (c) For purposes of this section, the term “tamper” means either of the following: (1) To introduce a contaminant into a public water system with the intention of harming persons. (2) To otherwise interfere with the operation of a public water system with the intention of harming persons. (Amended by Stats. 2011, Ch. 15, Sec. 202. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  46. 116751.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Department of Fish and Wildlife may not introduce poison into a drinking water supply for fisheries management unless the state board makes a required finding about no permanent adverse impact.

    ## 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 11. Crimes and Penalties [116725 - 116751] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116751. The Department of Fish and Wildlife shall not introduce a poison to a drinking water supply for purposes of fisheries management unless the state board determines that the activity will not have a permanent adverse impact on the quality of the drinking water supply or wells connected to the drinking water supply. In making this determination, the state board shall evaluate the short- and long-term health effects of the poison in drinking water, ensure that an alternative supply of drinking water is provided to the users of the drinking water supply while the activity takes place, and, in cooperation with the Department of Fish and Wildlife, develop and implement a monitoring program to ensure that no detectable residuals of the poison, breakdown products, and other components of the poison formulation remain in the drinking water supply or adjoining wells after the activity is completed. (Amended by Stats. 2015, Ch. 673, Sec. 12. (AB 1531) Effective January 1, 2016.)
  47. 116755.

    ## 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 12. Board Member Training [116755- 116755.] ( Article 12 added by Stats. 2011, Ch. 512, Sec. 9. )

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    Board members of certain mutual water companies must complete an initial two-hour training course within the stated deadline and repeat it every six years. The company is responsible for fines and related amounts, and may or must levy an assessment in some cases.

    ## 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 12. Board Member Training [116755- 116755.] ( Article 12 added by Stats. 2011, Ch. 512, Sec. 9. ) ## 116755. (a) Each board member of a mutual water company that operates a public water system, as defined in Section 116275, shall, within six months of taking office, or by December 31, 2012, if that member was serving on the board on December 31, 2011, complete a two-hour course offered by a qualified trainer regarding the duties of board members of mutual water companies, including, but not limited to, the duty of a corporate director to avoid contractual conflicts of interest and fiduciary duties, the duties of public water systems to provide clean drinking water that complies with the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.) and this chapter, and long-term management of a public water system. A board member of a mutual water company that operates a public water system shall repeat this training every six years. For the purposes of this subdivision, a trainer may be qualified in any of the following ways: (1) Membership in the California State Bar. (2) Accreditation by the International Association of Continuing Education and Training (IACET) ANSI/IACET 1-2007. (3) Sponsorship by either the Rural Community Assistance Corporation or the California Rural Water Association. (b) A mutual water company formed pursuant to Part 7 (commencing with Section 14300) of Division 3 of Title 1 of the Corporations Code, that operates a public water system, shall be liable for the payment of any fines, penalties, costs, expenses, and other amounts that may be imposed upon the mutual water company pursuant to this chapter. The mutual water company may levy an assessment, pursuant to Section 14303 of the Corporations Code, to pay these fines, penalties, costs, expenses, and other amounts so imposed. If the amount of outstanding fines, penalties, costs, expenses and other amounts imposed pursuant to this chapter exceed 5 percent of the annual budget of the mutual water company, then the mutual water company shall levy an assessment, pursuant to Section 14303 of the Corporations Code, to pay those fines, penalties, costs, expenses, and other amounts so imposed. (Amended by Stats. 2013, Ch. 633, Sec. 5. (AB 240) Effective January 1, 2014.)
  48. 11676.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. )

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    An overdose fatality review team may include a wide range of professionals and organizations, such as forensic pathologists, medical staff, coroners, attorneys, public health staff, law enforcement, treatment providers, and related experts.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. ) ## 11676. An overdose fatality review team may be comprised of, but not limited to, all of the following: (a) Experts in the field of forensic pathology. (b) Medical personnel with expertise in overdose fatalities. (c) Coroners and medical examiners. (d) District attorneys and city attorneys. (e) County or local staff, including, but not limited to, all of the following: (1) Behavioral health services staff. (2) County counsel. (3) Emergency medical services staff. (4) Unhoused services staff. (5) Medical care services staff. (6) Medical examiner staff. (7) Public health staff. (f) County, local, state, and federal law enforcement personnel. (g) Local drug trafficking experts. (h) Public health or behavioral health experts. (i) Drug treatment providers. (j) Representatives of local health plans, nonprofits, religious, or other organizations who work with individuals at high risk of overdose fatalities. (k) Local professional associations of persons described in this subdivision. (l) Experts in the field of forensic toxicology. (Added by Stats. 2024, Ch. 639, Sec. 1. (AB 2871) Effective January 1, 2025.)
  49. 116760.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 1. Short Title [116760- 116760.] ( Article 1 added by Stats. 1997, Ch. 734, Sec. 15. )

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    This section gives the chapter its short title: the Safe Drinking Water State Revolving Fund Law of 1997.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 1. Short Title [116760- 116760.] ( Article 1 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760. This chapter shall be known and may be cited as the Safe Drinking Water State Revolving Fund Law of 1997. (Added by Stats. 1997, Ch. 734, Sec. 15. Effective October 7, 1997.)
  50. 116760.10.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 2. Legislative Findings of Necessity and Cause for Action [116760.10- 116760.10.] ( Article 2 added by Stats. 1997, Ch. 734, Sec. 15. )

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    This section states the Legislature’s findings and sets out the purpose of creating and implementing a state drinking water revolving fund.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 2. Legislative Findings of Necessity and Cause for Action [116760.10- 116760.10.] ( Article 2 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.10. (a) Because the federal Safe Drinking Water Act (42 U.S.C. Sec. 300j et seq.) provides for establishment of a perpetual drinking water revolving fund, which will be partially capitalized by federal contributions, it is in the interest of the people of the state, in order to ensure full participation by the state under the federal Safe Drinking Water Act, to enact this chapter to authorize the state to establish and implement a state drinking water revolving fund that will meet federal conditions for receipt of federal funds. The primary purpose of this chapter is to enable receipt of funds under the federal Safe Drinking Water Act. It is the intent of the Legislature that the terms of this chapter shall be liberally construed to achieve this purpose. (b) Toxic contaminants and new pathogenic organisms, including cryptosporidium, have been discovered in many of California’s public drinking water systems. (c) Many of the contaminants in California’s drinking water supplies are known to cause, or are suspected of causing, cancer, birth defects, and other serious illnesses. (d) It is unlikely that the contamination problems of small public water systems can be solved without financial assistance from the state. (e) The protection of the health, safety, and welfare of the people of California requires that the water supplied for domestic purposes be at all times pure, wholesome, and potable. It is in the interest of the people that the State of California provide technical and financial assistance to ensure a safe, dependable, and potable supply of water for domestic purposes and that water is available in adequate quantity at sufficient pressure for health, cleanliness, and other domestic purposes. (f) It is the intent of the Legislature to provide for the upgrading of existing public water supply systems to ensure that all domestic water supplies meet safe drinking water standards and other requirements established under Chapter 4 (commencing with Section 116270). (g) The extent of the current risk to public health from contamination in drinking water creates a compelling need to upgrade existing public water systems. The demand for financial assistance to enable public water systems to meet drinking water standards and regulations exceeds funds available from the Safe Drinking Water State Revolving Fund. (h) The Legislature further finds and declares that regional solutions to water contamination problems are often more effective, efficient, and economical than solutions designed to address solely the problems of a single small public water system, and it is in the interest of the people of the State of California to encourage the consolidation of the management and the facilities of small water systems to enable those systems to better address their water contamination problems. (i) The protection of drinking water sources is essential to ensuring that the people of California are provided with pure, wholesome, and potable drinking water. (j) That coordination among local, state, and federal public health and environmental management programs be undertaken to ensure that sources of drinking water are protected while avoiding duplication of effort and reducing program costs. (k) It is necessary that a source water protection program be implemented for the purposes of delineating, assessing, and protecting drinking water sources throughout the state and that federal funds be utilized pursuant to the federal Safe Drinking Water Act to carry out that program. (l) It is in the interest of the people of the state to provide funds for a perpetual Safe Drinking Water State Revolving Fund that may be combined with similar federal funding to the extent the funding is authorized pursuant to the federal Safe Drinking Water Act. (m) This chapter shall govern implementation of the Safe Drinking Water State Revolving Fund, and shall be implemented in a manner that is consistent with the federal Safe Drinking Water Act, and, to the extent authorized under the federal act, in a manner that is consistent with the California Safe Drinking Water Act, Chapter 4 (commencing with Section 116270). (n) This section shall become operative on July 1, 2014. (Repealed (in Sec. 64) and added by Stats. 2014, Ch. 35, Sec. 65. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  51. 116760.20.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

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    This section defines key terms used in the Safe Drinking Water State Revolving Fund 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.20. Unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Acceptable result” means the project that, when constructed, solves the problem for which the project was placed on the project priority list, ensures the owner and operator of the improved or restructured public water system shall have long-term technical, managerial, and financial capacity to operate and maintain the public water system in compliance with state and federal safe drinking water standards, can provide a dependable source of safe drinking water long-term, and is both short-term and long-term affordable, as determined by the board. (b) “Administrative fund” means the Safe Drinking Water State Revolving Fund Administration Fund created by Section 116761.70. (c) “Board” means the State Water Resources Control Board. (d) “Community water system” has the meaning set forth in Section 116275. (e) “Cost-effective” means achieves an acceptable result at the most reasonable cost. (f) “Disadvantaged community” means a community that meets the definition provided in Section 116275. (g) “Federal Safe Drinking Water Act” or “federal act” means the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.) and acts amendatory thereof or supplemental thereto. (h) “Fund” means the Safe Drinking Water State Revolving Fund created by Section 116760.30. (i) “Financing” means financial assistance awarded under this chapter, including loans, refinancing, installment sales agreements, purchase of debt, loan guarantees for municipal revolving funds, and grants. (j) “Matching funds” means state money that equals that percentage of federal contributions required by the federal act to be matched with state funds. (k) “Project” means cost-effective facilities for the construction, improvement, or rehabilitation of a public water system. It also may include the planning and design of the facilities, annexation or consolidation of water systems, source water assessments, source water protection, and other activities specified under the federal act. (l) “Public agency” means any city, county, city and county, whether general law or chartered, district, joint powers authority, or other political subdivision of the state, that owns or operates a public water system, or any municipality, as that term is defined in the federal act. (m) “Public water system” or “public water supply system” means a system for the provision to the public of water for human consumption, as defined in Section 116275. (n) “Safe drinking water standards” means those standards established pursuant to Chapter 4 (commencing with Section 116270), as they may now or hereafter be amended. (o) “Severely disadvantaged community” means a community with a median household income of less than 60 percent of the statewide average. (p) “Small community water system” has the meaning set forth in Section 116275. (q) “Supplier” means any person, partnership, corporation, association, public agency, or other entity that owns or operates a public water system. (Amended by Stats. 2022, Ch. 680, Sec. 1. (SB 1188) Effective January 1, 2023.)
  52. 116760.30.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

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    The board must post specified fund and project information on its website and send the website link to legislative committees at least every two 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.30. (a) There is hereby created in the State Treasury the Safe Drinking Water State Revolving Fund for the purpose of implementing this chapter, and, notwithstanding Section 13340 of the Government Code, moneys in the fund are hereby continuously appropriated, without regard to fiscal years, to the board for expenditure in accordance with this chapter. (b) Notwithstanding Section 10231.5 of the Government Code, the board shall, at least once every two years, post information on its Internet Web site and send a link of the Internet Web site to the policy and budget committees of the Legislature regarding the implementation of this chapter and expenditures from the fund. The information posted on the board’s Internet Web site shall describe the numbers and types of projects funded, the reduction in risks to public health from contaminants in drinking water provided through the funding of the projects, and the criteria used by the board to determine funding priorities. The Internet Web site posting shall include the results of the United States Environmental Protection Agency’s most recent survey of the infrastructure needs of California’s public water systems, the amount of money available through the fund to finance those needs, the total dollar amount of all funding agreements executed pursuant to this chapter since the date of the previous report or Internet Web site post, the fund utilization rate, the amount of unliquidated obligations, and the total dollar amount paid to funding recipients since the previous report or Internet Web site post. (c) This section shall become operative on July 1, 2014. (Repealed (in Sec. 69) and added by Stats. 2014, Ch. 35, Sec. 70. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  53. 116760.38.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

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    A city, county, or special district may borrow money and incur debt under this chapter, as long as constitutional limits are 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.38. Subject to all applicable constitutional restrictions, a city, county, or special district may borrow money and incur indebtedness pursuant to this chapter. (Added by Stats. 2015, Ch. 673, Sec. 14. (AB 1531) Effective January 1, 2016.)
  54. 116760.39.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

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    The board may improve financial assistance and payment processing for certain small water systems, including by setting up faster payment procedures.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.39. (a) In addition to the actions described in Section 116760.40, the board may, to implement the Safe Drinking Water State Revolving Fund, improve access to financial assistance for small community water systems and not-for-profit nontransient noncommunity water systems serving severely disadvantaged communities by doing both of the following: (1) Working to establish a payment process pursuant to which the recipient of financial assistance would receive funds within 30 days of the date on which the board receives a complete project payment request, unless the board, within that 30-day period, determines that the project payment would not be in accordance with the terms of the program guidelines. (2) Investigating the use of wire transfers or other appropriate payment procedures to expedite project payments. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 71) and added by Stats. 2014, Ch. 35, Sec. 72. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  55. 116760.40.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

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    The board may take listed actions to run the Safe Drinking Water State Revolving Fund.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.40. (a) The board may undertake any of the following actions to implement the Safe Drinking Water State Revolving Fund: (1) Enter into agreements with the federal government for federal contributions to the fund. (2) Accept federal contributions to the fund. (3) Use moneys in the fund for the purposes permitted by the federal act. (4) Provide for the deposit of matching funds and other available and necessary moneys into the fund. (5) Make requests, on behalf of the state, for deposit into the fund of available federal moneys under the federal act. (6) Determine, on behalf of the state, that public water systems that receive financial assistance from the fund will meet the requirements of, and otherwise be treated as required by, the federal act. (7) Provide for appropriate audit, accounting, and fiscal management services, plans, and reports relative to the fund. (8) Take additional incidental action as may be appropriate for adequate administration and operation of the fund. (9) Enter into an agreement with, and accept matching funds from, a public water system. (10) Charge public water systems that elect to provide matching funds a fee to cover the actual cost of obtaining the federal funds pursuant to Section 1452(e) of the federal act (42 U.S.C. Sec. 300j-12) and to process the loan application. The fee shall be waived by the board if sufficient funds to cover those costs are available from other sources. (11) Use any source of matching funds, if not prohibited by statute, as matching funds for the federal administrative allowance under Section 1452(g) of the federal act (42 U.S.C. Sec. 300j-12). (12) Establish separate accounts or subaccounts as required or allowed in the federal act and related guidance, for funds to be used for administration of the fund and other purposes. Within the fund, the board may modify existing accounts and may establish other accounts as the board deems appropriate or necessary for proper administration of the chapter. (13) Deposit federal funds for administration and other purposes into separate accounts or subaccounts, as allowed by the federal act. (14) Determine, on behalf of the state, whether sufficient progress is being made toward compliance with the enforceable deadlines, goals, and requirements of the federal act and the California Safe Drinking Water Act, Chapter 4 (commencing with Section 116270). (15) To the extent permitted under federal law, including, but not limited to, Section 1452(a)(2) and (f)(4) of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300j-12(a)(2) and (f)(4)), use any and all amounts deposited in the fund, including, but not limited to, loan repayments and interest earned on the loans, as a source of reserve and security for the payment of principal and interest on revenue bonds, the proceeds of which are deposited in the fund. (16) Request the Infrastructure and Economic Development Bank (I-Bank), established under Chapter 2 (commencing with Section 63021) of Division 1 of Title 6.7 of the Government Code, to issue revenue bonds, enter into agreements with the I-Bank, and take all other actions necessary or convenient for the issuance and sale of revenue bonds pursuant to Article 6.3 (commencing with Section 63048.55) of Chapter 2 of Division 1 of Title 6.7 of the Government Code. The purpose of the bonds is to augment the fund. (17) Engage in the transfer of capitalization grant funds, as authorized by Section 35.3530(c) of Title 40 of the Code of Federal Regulations and reauthorized by Public Law 109-54, to the extent set forth in an Intended Use Plan, that shall be subject to approval by the board. (18) Cross-collateralize revenue bonds with the State Water Pollution Control Revolving Fund created pursuant to Section 13477 of the Water Code, as authorized by Section 35.3530(d) of Title 40 of the Code of Federal Regulations. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 73) and added by Stats. 2014, Ch. 35, Sec. 74. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  56. 116760.41.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

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    Money in the fund and special accounts may be spent for additional purposes allowed by the federal act.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.41. Moneys in the fund and the special accounts may be expended for additional purposes provided in the federal act. (Added by Stats. 1997, Ch. 734, Sec. 15. Effective October 7, 1997.)
  57. 116760.42.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

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    The board may make an agreement with the federal government for federal contributions to the fund only if it is ready to spend at least the required minimum amount in the way the federal act requires.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.42. (a) The board may enter into an agreement with the federal government for federal contributions to the fund only if the board is prepared to commit to expenditure of any minimum amount in the fund in the manner required by the federal act. (b) An agreement between the board and the federal government shall contain those provisions, terms, and conditions required by the federal act, and implementing federal rules, regulations, guidelines, and policies, including, but not limited to, agreement to the following: (1) Moneys in the fund shall be expended in an expeditious and timely manner. (2) All moneys in the fund as a result of federal capitalization grants shall be expended to ensure sufficient progress is being made toward compliance with the enforceable deadlines, goals, and requirements of the federal act, including any applicable compliance deadlines. (3) Federal funds deposited in the special accounts are continuously appropriated for use by the board as allowed by federal law. Unexpended funds in the special accounts shall be carried over into subsequent years for use by the board. (4) This section shall become operative on July 1, 2014. (Repealed (in Sec. 75) and added by Stats. 2014, Ch. 35, Sec. 76. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  58. 116760.43.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    The board must implement this chapter through a policy handbook and post that handbook on its website.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.43. (a) The board shall implement this chapter pursuant to 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 the Government Code. The policy handbook shall be posted on the board’s Internet Web site. (b) Any regulations that have been promulgated pursuant to this chapter are repealed effective upon adoption by the board of the policy handbook. (c) This section shall become operative on July 1, 2014. (Repealed (in Sec. 77) and added by Stats. 2014, Ch. 35, Sec. 78. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  59. 116760.44.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    The board may deposit certain fees, charges, and other available necessary money into an account of the fund.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.44. (a) The board may deposit administrative fees and charges paid by public water systems and other available and necessary money into an account of the fund. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 79) and added by Stats. 2014, Ch. 35, Sec. 80. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  60. 116760.45.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    The department may use certain federal grant funds for the act, may develop implementation criteria, and must publish those criteria and allow public review and comment, including at least one public hearing with 20 days’ notice.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.45. (a) For purposes of this section “act” means the American Recovery and Reinvestment Act of 2009. (b) Notwithstanding any other provision of this chapter or any regulations adopted pursuant to this chapter, the department may expend moneys in the fund, received from the federal government pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), in accordance with the provisions of the act and federal guidelines implementing the act. To the extent that any law or regulation of the state is in conflict with the provisions and requirements of the act, to the extent that the conflict impairs the expenditure of federal moneys received, the provisions and requirements of the act shall prevail. (c) The department may develop criteria necessary to implement the act. These criteria shall not be subject to 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 department shall publish the criteria on its Internet Web site and shall provide opportunity for public review and comment, to include at least one public hearing conducted upon not less than 20 days’ notice. (d) For the implementation of the act, the maximum amount of a grant to an applicant under this chapter is ten million dollars ($10,000,000) per project. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 25, Sec. 1. Effective March 27, 2009.)
  61. 116760.46.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    This section creates a special grant fund, lets the board assess and deposit an annual charge instead of interest in some financings, and directs how the fund may be used.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 3. Safe Drinking Water State Revolving Fund [116760.20 - 116760.46] ( Article 3 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.46. (a) The Safe Drinking Water Small Community Emergency Grant Fund is hereby created in the State Treasury. (b) The following moneys shall be deposited in the grant fund: (1) Moneys transferred to the grant fund pursuant to subdivision (c). (2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the grant fund. (c) (1) For any financing made pursuant to this chapter, the board may assess an annual charge to be deposited in the grant fund in lieu of interest that would otherwise be charged. (2) Any amounts collected under this subdivision shall be deposited in the grant fund. (3) The charge authorized by this subdivision may be applied at any time during the term of the financing and, once applied, shall remain unchanged, unless the board determines that the application of the charge is any of the following: (A) No longer consistent with federal requirements regarding the fund. (B) No longer necessary. (C) Negatively affecting the board’s ability to fund projects that support the board’s goals as specified in this chapter. (4) If the board ceases collecting the charge before the financing repayment is complete, the board shall replace the charge with an identical interest rate. (5) The charge authorized by this subdivision shall not increase the financing repayment amount, as set forth in the terms and conditions imposed pursuant to this chapter. (d) (1) Moneys in the grant fund may be expended on grants for projects that meet the requirements of this chapter and that serve disadvantaged and severely disadvantaged communities or address emergencies experienced by small community water systems. (2) For the purpose of approving grants, the board shall give priority to projects that serve severely disadvantaged communities. (3) Funds expended pursuant to this section shall be expended in a manner consistent with the federal EPA capitalization grant requirements established in Section 35.3530(b)(2) of Title 40 of the Code of Federal Regulations. (e) This section shall become operative on July 1, 2014. (Repealed (in Sec. 81) and added by Stats. 2014, Ch. 35, Sec. 82. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  62. 116760.50.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 4. Establishment and Utilization of Priority List for Funding [116760.50- 116760.50.] ( Article 4 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    The board must set eligibility criteria for project financing, and those criteria must match federal requirements. The board may also provide up to 100% grant funding and principal forgiveness on loans from the fund, if federal law allows and the project is for an eligible water system.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 4. Establishment and Utilization of Priority List for Funding [116760.50- 116760.50.] ( Article 4 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116760.50. (a) The board shall establish eligibility criteria for project financing pursuant to this chapter that shall be consistent with federal requirements. (b) To the extent permitted by federal law, the board may provide up to 100 percent grant funding, and principal forgiveness on loans, from the Safe Drinking Water State Revolving Fund to a project for a water system eligible under subdivision (a) of Section 116761.20. (Amended by Stats. 2022, Ch. 680, Sec. 2. (SB 1188) Effective January 1, 2023.)
  63. 116761.20.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 5. Project Eligibility, Funding, and Contracts [116761.20 - 116761.40] ( Article 5 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    Certain drinking-water project costs may be funded, and the board can approve repayable financing based on what the water system can repay.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 5. Project Eligibility, Funding, and Contracts [116761.20 - 116761.40] ( Article 5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.20. (a) Planning and preliminary engineering studies, project design, and construction costs incurred by a community water system or not-for-profit noncommunity water system may be funded under this chapter. (b) (1) The board shall determine what portion of the full costs the water system is capable of repaying and may authorize funding in the form of a loan or other repayable financing for up to that amount. (2) Where an otherwise eligible water system is not a water corporation regulated by the Public Utilities Commission and serves a severely disadvantaged community with fewer than 200 service connections, the water system is deemed to have no ability to repay any financing for a project serving the severely disadvantaged community. (c) At the request of the board, the Public Utilities Commission shall submit comments concerning the ability of water systems, subject to its jurisdiction, to finance the project from other sources and to repay the financing. (Amended by Stats. 2022, Ch. 680, Sec. 3. (SB 1188) Effective January 1, 2023.)
  64. 116761.40.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 5. Project Eligibility, Funding, and Contracts [116761.20 - 116761.40] ( Article 5 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    A public water system’s compliance duties are not changed by not receiving funds or by delays in getting funds.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 5. Project Eligibility, Funding, and Contracts [116761.20 - 116761.40] ( Article 5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.40. (a) The failure or inability of any public water system to receive funds under this chapter or any other financial assistance program or any delay in obtaining the funds shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements of the California Safe Drinking Water Act or the federal act. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 106) and added by Stats. 2014, Ch. 35, Sec. 107. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  65. 116761.50.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 6. Contracts for Project Funding [116761.50 - 116761.51] ( Article 6 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    The board may enter financing agreements with applicants. If construction financing is provided, the recipient must operate and maintain the water system for the agreement term or project life, unless the board authorizes אחרת.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 6. Contracts for Project Funding [116761.50 - 116761.51] ( Article 6 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.50. (a) The board may enter into financing agreements with applicants for the purposes set forth in this chapter. (b) If the board provides construction financing, the financing recipient shall commit to operate and maintain, or ensure the operation and maintenance of, the water system for the term of the financing agreement or the useful life of the project, as determined by the board, unless otherwise authorized by the board. (c) This section shall become operative on January 1 of the next calendar year occurring after the board provides notice to the Legislature and the Secretary of State and posts notice on its Internet Web site that the board has adopted a policy handbook pursuant to Section 116760.43. (Repealed (in Sec. 109) and added by Stats. 2014, Ch. 35, Sec. 110. (SB 861) Effective June 20, 2014. Section became operative on January 1, 2015, pursuant to its own provisions.)
  66. 116761.51.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 6. Contracts for Project Funding [116761.50 - 116761.51] ( Article 6 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    An applicant receiving construction financing for specified Pure Water San Diego Program work must ensure covered construction contracts require the contractor to enter a project labor agreement meeting Section 2500 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 6. Contracts for Project Funding [116761.50 - 116761.51] ( Article 6 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.51. (a) As a condition of receiving construction financing under this article for work performed at the City of San Diego’s North City Water Reclamation Plant, North City Pure Water Facility, or any other portion of the Pure Water San Diego Program, an applicant shall ensure that any construction contract awarded on or after January 1, 2020, for any phase of the Pure Water San Diego Program, including, but not limited to, expanding or modifying wastewater conveyance, detention, or treatment processes at the North City Water Reclamation Plant, work on the North City Pure Water Facility or the adjacent Pure Water Pump Station, or work on any other portion of the Pure Water San Diego Program, requires the contractor to enter into a project labor agreement that meets the requirements of Section 2500 of the Public Contract Code. (b) The condition on receiving construction financing imposed pursuant to this section shall remain in effect only until completion of all phases of the Pure Water San Diego Program. (Added by Stats. 2019, Ch. 755, Sec. 1. (AB 1290) Effective January 1, 2020.)
  67. 116761.62.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    The board may contract for services or equipment needed to ensure compliance with federal fund-related requirements, and the section becomes operative on July 1, 2014.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.62. (a) To the extent permitted by federal and state law, moneys in the fund may be expended to rebate to the federal government all arbitrage profits required by the federal Tax Reform Act of 1986 (Public Law 99-514) or any amendment of or supplement to that law. To the extent that this expenditure of the moneys in the fund is prohibited by federal or state law, any rebates required by federal law shall be paid from the General Fund or other sources, upon appropriation by the Legislature. (b) Notwithstanding any other law or regulation, the board may enter into contracts or may procure those services and equipment that may be necessary to ensure prompt and complete compliance with any provisions relating to the fund imposed by either the federal Tax Reform Act of 1986 (Public Law 99-514) or the federal Safe Drinking Water Act. (c) This section shall become operative on July 1, 2014. (Repealed (in Sec. 113) and added by Stats. 2014, Ch. 35, Sec. 114. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  68. 116761.65.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    The board must set the interest rate for repayable financing under this chapter, within a cap tied to state bond interest rates, and may later adjust 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.65. (a) The board shall establish, and may periodically adjust, the interest rate for repayable financing made pursuant to this chapter at a rate not to exceed 50 percent of the average interest rate, computed by the true interest cost method, paid by the state on general obligation bonds issued in the prior calendar year, rounded up to the closest one-tenth of 1 percent. (b) Notwithstanding subdivision (a), to the extent authorized by federal law, the board may provide reduced or 0 percent financing to further the purposes of this chapter. (Amended by Stats. 2022, Ch. 680, Sec. 4. (SB 1188) Effective January 1, 2023.)
  69. 116761.70.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    This section creates a fund in the State Treasury, allows the state board to charge up to 1% for certain repaid financial assistance, and requires the board to keep the charge aligned with the annual Budget Act.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.70. (a) The Safe Drinking Water State Revolving Fund Administration Fund is hereby created in the State Treasury. (b) The following moneys shall be deposited into the administration fund: (1) Moneys transferred to pay the costs incurred by the state board in connection with the administration of this chapter. (2) The amounts collected for financial assistance services pursuant to subdivision (c). (3) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys in the fund. (c) (1) For financial assistance made pursuant to this chapter, where that financial assistance is to be repaid to the state board, the state board may assess an annual charge for financial assistance services with regard to the financial assistance, not to exceed 1 percent of the financial assistance balance, computed according to the true interest cost method. (2) The financial assistance service rate authorized by this subdivision may be applied at any time during the term of the financial assistance, and once applied, shall remain unchanged for the duration of the financial assistance and shall not increase the financial assistance repayment amount, as set forth in the terms and conditions imposed pursuant to this chapter. (d) Upon appropriation by the Legislature, moneys in the administration fund may be expended by the state board for payment of the reasonable costs of administering the fund. (e) The state board shall set the total amount of revenue collected each year through the charge authorized by subdivision (c) at an amount that is equal as practicable to the appropriation amount set forth in the annual Budget Act for this activity. At least once each fiscal year, the state board shall adjust the financial assistance service charge imposed pursuant to subdivision (c) to conform with the appropriation amount set forth in the annual Budget Act. (Repealed and added by Stats. 2015, Ch. 673, Sec. 18. (AB 1531) Effective January 1, 2016.)
  70. 116761.85.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    Money repaid to the state under this chapter, including related interest, must be deposited into the fund, and the fund must remain available in perpetuity for permitted expenditures.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.85. (a) Moneys repaid to the state pursuant to any contract executed pursuant to this chapter, including interest payments and all interest earned on or accruing to any moneys in the fund, shall be deposited in the fund and shall be available in perpetuity, for expenditure for the purposes and uses permitted by this chapter and the federal act. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 121) and added by Stats. 2014, Ch. 35, Sec. 122. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  71. 116761.86.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    When money in the fund is not needed for current obligations or spending, it must be invested in interest-bearing obligations, and any interest earned becomes part of the fund.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 7. Safe Drinking Water State Revolving Fund Management [116761.62 - 116761.86] ( Article 7 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116761.86. To the extent amounts in the fund are not required for current obligation or expenditure, those amounts shall be invested in interest bearing obligations, and the interest earned shall become part of the fund. (Added by Stats. 1997, Ch. 734, Sec. 15. Effective October 7, 1997.)
  72. 116762.60.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 8. Source Water Protection Program [116762.60- 116762.60.] ( Article 8 added by Stats. 1997, Ch. 734, Sec. 15. )

    Verify source ↗

    The board must create and run a source-water protection program if it receives federal capitalization grant funds, coordinate with agencies, include assessment and wellhead protection components, set aside funds for specified activities, and post a biannual report online.

    ## 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 4.5. Safe Drinking Water State Revolving Fund Law of 1997 [116760 - 116762.60] ( Chapter 4.5 added by Stats. 1997, Ch. 734, Sec. 15. ) ## ARTICLE 8. Source Water Protection Program [116762.60- 116762.60.] ( Article 8 added by Stats. 1997, Ch. 734, Sec. 15. ) ## 116762.60. (a) The board shall, contingent upon receiving federal capitalization grant funds, develop and implement a program to protect sources of drinking water. In carrying out this program, the board shall coordinate with local, state, and federal agencies that have public health and environmental management programs to ensure an effective implementation of the program while avoiding duplication of effort and reducing program costs. The program shall include all of the following: (1) A source water assessment program to delineate and assess the drinking water supplies of public drinking water systems pursuant to Section 1453 of the federal act. (2) A wellhead protection program to protect drinking water wells from contamination pursuant to Section 1428 of the federal act. (3) Pursuant to Section 1452(k) of the federal act, the board shall set aside federal capitalization grant funds sufficient to carry out paragraphs (1) and (2). (b) The board shall set aside federal capitalization grant funds to provide assistance to water systems pursuant to Section 1452(k) of the federal act for the following source water protection activities, to the extent that those activities are proposed: (1) To acquire land or a conservation easement if the purpose of the acquisition is to protect the source water of the system from contamination and to ensure compliance with primary drinking water regulations. (2) To implement local, voluntary source water protection measures to protect source water in areas delineated pursuant to Section 1453 of the federal act, in order to facilitate compliance with primary drinking water regulations applicable to the water system under Section 1412 of the federal act or otherwise significantly further the health protection objectives of the federal and state acts. (3) To carry out a voluntary, incentive-based source water quality protection partnership pursuant to Section 1454 of the federal act. (c) The board shall post a report to its Internet Web site, every two years, on its activities under this section. The report shall contain a description of each program for which funds have been set aside under this section, the effectiveness of each program in carrying out the intent of the federal and state acts, and an accounting of the amount of set-aside funds used. (d) This section shall become operative on January 1 of the next calendar year occurring after the board provides notice to the Legislature and the Secretary of State and posts notice on its Internet Web site that the board has adopted a policy handbook pursuant to Section 116760.43. (Repealed (in Sec. 124) and added by Stats. 2014, Ch. 35, Sec. 125. (SB 861) Effective June 20, 2014. Section became operative on January 1, 2015, pursuant to its own provisions.)
  73. 116765.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 1. Findings and Declarations [116765- 116765.] ( Article 1 added by Stats. 2019, Ch. 120, Sec. 9. )

    Verify source ↗

    The Legislature states findings and intent about environmental justice and safe drinking water for Californians.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 1. Findings and Declarations [116765- 116765.] ( Article 1 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116765. The Legislature finds and declares all of the following: (a) Every Californian should enjoy the same degree of protection from environmental and health hazards. Every community should be a healthy environment in which to live, work, play, and learn. (b) No single group of people should bear a disproportionate share of the negative environmental consequences and adverse health impacts arising from industrial, governmental, or commercial operations or policies. (c) Concentrated environmental contamination in water creates cumulative health burdens resulting in communities with higher rates of disease such as asthma, heart disease, cancer, neurological and reproductive health effects, birth defects, and obesity. (d) Despite significant improvements in environmental protection over the past several decades, millions of Californians continue to live, work, play, and go to school in unhealthy environments. (e) California was one of the first states in the nation to put environmental justice considerations into law and defines environmental justice as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. (f) California law also declares that it is the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (g) Yet, still more than 1,000,000 Californians do not have access to safe drinking water. In communities where the sole water supply is contaminated with substances like arsenic, manganese, nitrates, or hexavalent chromium, families are often left without safe water. The central valley and central coast regions, where more than 90% of the communities rely on groundwater as a primary source of drinking water, are particularly at risk, but other communities around the state are also at risk. More than 250,000 people in the central valley alone lack access to a consistent source of safe, affordable water. (h) The Safe Drinking Water and Toxic Enforcement Act of 1986 lists lead, arsenic, and hexavalent chromium as substances that can cause cancer and reproductive toxicity. (i) Established state environmental justice laws and policies are only effective insofar as they result in true parity. (j) It is the intent of the Legislature that the State of California bring true environmental justice to our state and begin to address the continuing disproportionate environmental burdens in the state by creating a fund to provide safe drinking water in every California community, for every Californian. (k) Climate change is exacerbating the water impacts on disadvantaged and environmentally burdened communities by reducing surface water flows, accelerating declining groundwater basins, and contributing to increasing concentrations of environmental contamination. (l) Enhancing the long-term sustainability of drinking water systems in disadvantaged and environmentally burdened communities increases those communities’ resilience to climate change. (m) Funding for safe and affordable drinking water under this chapter promotes investments in disadvantaged communities, provides important contributions to those communities in adapting to climate change, and is an appropriate expenditure from the Greenhouse Gas Reduction Fund created pursuant to Section 16428.8 of the Government Code. (n) It is the intent of the Legislature that the state board, in developing the fund expenditure plan pursuant to Article 4 (commencing with Section 116768), strive to ensure all regions of the state receive the same level of consideration for funding pursuant to this chapter, to the extent practicable. (Amended by Stats. 2020, Ch. 370, Sec. 210. (SB 1371) Effective January 1, 2021.)
  74. 116766.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 2. Safe and Affordable Drinking Water Fund [116766- 116766.] ( Article 2 added by Stats. 2019, Ch. 120, Sec. 9. )

    Verify source ↗

    This section creates the Safe and Affordable Drinking Water Fund and gives the board authority to spend it for listed drinking-water purposes, while requiring certain reporting and coordination 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 2. Safe and Affordable Drinking Water Fund [116766- 116766.] ( Article 2 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116766. (a) The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund all of the following: (1) Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms. (2) Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems. (3) The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution. (4) The provision of services under Section 116686 for purposes of helping the water systems become self-sufficient in the long term. (5) The development, implementation, and sustainability of long-term drinking water solutions. (6) Board costs associated with the implementation and administration of programs pursuant to this chapter. (b) Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients. (c) (1) Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, nonfederally recognized Native American tribes on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004, administrators, groundwater sustainability agencies, community water systems, and technical assistance providers. (2) Any waiver of tribal sovereign immunity that is required by the board for a tribe that is an eligible recipient to access funding under this chapter shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The waiver of sovereign immunity shall be negotiated with the direct involvement and assistance of the board’s tribal liaison or their designee or designees. (3) In order to facilitate better coordination between the board and tribes that are eligible recipients, the board shall include its designated tribal liaison or their designee or designees in all discussions with eligible recipients, unless those eligible recipients give permission for the tribal liaison or their designee or designees to be absent. (4) In expending moneys from the fund under this chapter, the board shall consider the extent that funds for safe drinking water projects from the programs administered by the board are distributed to eligible recipients to provide assistance to federally recognized California Native American tribes or nonfederally recognized Native American tribes on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and shall make diligent efforts to ensure the distribution of funds to those tribes. The board shall expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those tribes. (5) The board shall post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes, and the total amount of funding granted to tribes each year. If the board is not able to consistently approve funding applications from eligible tribes in a timely manner, the board shall identify barriers to the tribes receiving funding and propose possible solutions in the fund expenditure plan. (6) To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors. (7) For purposes of this subdivision, “tribal liaison” means an individual employed by the board as a tribal liaison, or if the tribal liaison is unavailable, a tribal coordinator, the board’s chair, the board’s executive director, or the board’s chief counsel acting in that capacity as a designee or the designees of the tribal liaison. (d) On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan. (e) The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund. (f) In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes. (g) Beginning in the 2023–24 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative. (h) The board may authorize funding up to ten thousand dollars ($10,000) without a written agreement to address a drinking water emergency. (i) Notwithstanding Section 11019 of the Government Code, the board may make advance payments, as necessary to implement the purposes of this chapter, except that an advance payment for construction shall not exceed 25 percent of the total amount of construction funding provided by the board for a project. (j) Contracts 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. (Amended by Stats. 2022, Ch. 481, Sec. 1. (AB 2877) Effective January 1, 2023.)
  75. 116767.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 3. Definitions [116767- 116767.] ( Article 3 added by Stats. 2019, Ch. 120, Sec. 9. )

    Verify source ↗

    This section defines key terms used in the chapter on safe and affordable 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 3. Definitions [116767- 116767.] ( Article 3 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116767. For purposes of this chapter: (a) “Adequate supply” has the same meaning as defined in Section 116681. (b) “Administrator” has the same meaning as defined in Section 116686. (c) “Board” means the State Water Resources Control Board. (d) “Community water system” has the same meaning as defined in Section 116275. (e) “Consistently fails” has the same meaning as defined in Section 116681. (f) “Disadvantaged community” has the same meaning as defined in Section 79505.5 of the Water Code. (g) “Domestic well” has the same meaning as defined in Section 116681. (h) “Fund” means the Safe and Affordable Drinking Water Fund established pursuant to Section 116766. (i) “Fund expenditure plan” means the fund expenditure plan adopted by the board pursuant to Article 4 (commencing with Section 116768). (j) “Groundwater sustainability agency” has the same meaning as defined in Section 10721 of the Water Code. (k) “Low-income household” means a single household with an income that is less than 200 percent of the federal poverty level, as updated periodically in the Federal Register by the United States Department of Health and Human Services under authority of Section 9902(2) of Title 42 of the United States Code. (l) “Mutual water company” means a mutual water company, as described in Section 14300 of the Corporations Code, that operates a public water system or a state small water system. (m) “Nonprofit organization” means an organization qualified to do business in California and qualified under Section 501(c)(3) of Title 26 of the United States Code. (n) “Public agency” means a state agency or department, special district, joint powers authority, city, county, city and county, or other political subdivision of the state. (o) “Public utility” has the same meaning as defined in Section 216 of the Public Utilities Code. (p) “Public water system” has the same meaning as defined in Section 116275. (q) “Replacement water” includes, but is not limited to, bottled water, vended water, point-of-use, or point-of-entry treatment units. (r) “Safe drinking water” has the same meaning as defined in Section 116681. (s) “Service connection” has the same meaning as defined in Section 116275. (t) “State small water system” has the same meaning as defined in Section 116275. (u) “Technical assistance provider” means a person whom the state board has determined is competent to assist a water system by providing administrative, technical, operational, legal, or managerial services to meet the purposes of this section, pursuant to criteria set forth in the policy adopted by the state board pursuant to Section 116768.5 and the fund expenditure plan. A privately owned public utility may serve as a technical assistance provider for purposes of this section. (v) “Vended water” has the same meaning as defined in Section 111070. (Amended by Stats. 2021, Ch. 258, Sec. 18. (SB 155) Effective September 23, 2021.)
  76. 116768.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 4. Fund Expenditure Plan [116768 - 116770] ( Article 4 added by Stats. 2019, Ch. 120, Sec. 9. )

    Verify source ↗

    This section says what the fund expenditure plan is meant to do: identify water systems with safe drinking water problems or risks, and determine how much funding is needed to fix or prevent those problems.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 4. Fund Expenditure Plan [116768 - 116770] ( Article 4 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116768. The purposes of the fund expenditure plan are as follows: (a) To identify public water systems, community water systems, and state small water systems that consistently fail to provide an adequate supply of safe drinking water, including the cause or causes of the failure and appropriate measures to remedy the failure. (b) To determine the amount and type of funding necessary to implement appropriate measures to remedy a failure to provide an adequate supply of safe drinking water. (c) To identify public water systems, community water systems, and state small water systems that are at significant risk of failing to provide an adequate supply of safe drinking water, including the source or sources of the risk and appropriate measures to eliminate the risk. (d) To determine the amount and type of funding necessary to implement appropriate measures to eliminate the risk of failing to provide an adequate supply of safe drinking water. (e) To identify gaps in the provision of safe drinking water, in furtherance of Section 106.3 of the Water Code, and to determine the amount and type of funding necessary to minimize or eliminate those gaps. (Added by Stats. 2019, Ch. 120, Sec. 9. (SB 200) Effective July 24, 2019.)
  77. 116768.5.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 4. Fund Expenditure Plan [116768 - 116770] ( Article 4 added by Stats. 2019, Ch. 120, Sec. 9. )

    Verify source ↗

    The board must adopt a policy for developing the fund expenditure plan, consult an advisory group, adopt the plan every year, and send the latest plan to legislative committees by March 1 each year.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 4. Fund Expenditure Plan [116768 - 116770] ( Article 4 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116768.5. (a) On or before July 1, 2020, the board shall develop and adopt a policy for developing the fund expenditure plan that includes all of the following elements: (1) A requirement that the board consult with an advisory group to aid in meeting the purposes of the fund expenditure plan as established in Section 116768. The advisory group shall include representatives of the following: (A) Public water systems. (B) Technical assistance providers. (C) Local agencies. (D) Nongovernmental organizations. (E) Residents served by community water systems in disadvantaged communities, state small water systems, and domestic wells. (F) The public. (2) Identification of key terms, criteria, and metrics, and their definitions. (3) A description of how proposed remedies will be identified, evaluated, prioritized, and included in the fund expenditure plan. (4) The establishment of a process by which members of a disadvantaged community may petition the board to consider ordering consolidation. (5) A requirement that the board hold at least one public hearing before adopting a fund expenditure plan. (b) The board, in consultation with the Department of Finance, shall annually adopt a fund expenditure plan. The board shall adopt a handbook and may update it at least once every three years. (c) On or before March 1, 2021, and every March 1 thereafter, the board shall provide to the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature the most recently adopted fund expenditure plan. The board may submit the fund expenditure plan as required by this subdivision either in the Governor’s Budget documents or as a separate report. (Added by Stats. 2019, Ch. 120, Sec. 9. (SB 200) Effective July 24, 2019.)
  78. 116769.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 4. Fund Expenditure Plan [116768 - 116770] ( Article 4 added by Stats. 2019, Ch. 120, Sec. 9. )

    Verify source ↗

    The fund expenditure plan must include specified reports, lists, estimates, and funded program lists, and it must prioritize certain drinking-water assistance uses.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 4. Fund Expenditure Plan [116768 - 116770] ( Article 4 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116769. (a) The fund expenditure plan shall contain the following: (1) A report of expenditures from the fund for the prior fiscal year and planned expenditures for the current fiscal year. (2) A list of systems that consistently fail to provide an adequate supply of safe drinking water. The list shall include, but is not limited to, all of the following: (A) Any public water system that consistently fails to provide an adequate supply of safe drinking water. (B) Any community water system that serves a disadvantaged community that must charge fees that exceed the affordability threshold established by the board in order to supply, treat, and distribute potable water that complies with federal and state drinking water standards. (C) Any state small water system that consistently fails to provide an adequate supply of safe drinking water. (3) A list of public water systems, community water systems, and state small water systems that may be at risk of failing to provide an adequate supply of safe drinking water. (4) An estimate of the number of households that are served by domestic wells or state small water systems in high-risk areas identified pursuant to Article 6 (commencing with Section 116772). The estimate shall identify approximate locations of households, without identifying exact addresses or other personal information, in order to identify potential target areas for outreach and assistance programs. (5) An estimate of the funding needed for the next fiscal year based on the amount available in the fund, anticipated funding needs, other existing funding sources, and other relevant data and information. (6) A list of programs to be funded that assist or will assist households supplied by a domestic well that consistently fails to provide an adequate supply of safe drinking water. This list shall include the number and approximate location of households served by each program without identifying exact addresses or other personal information. (7) A list of programs to be funded that assist or will assist households and schools whose tap water contains contaminants, such as lead or secondary contaminants, at levels that exceed recommended standards. (b) The fund expenditure plan shall be based on data and analysis drawn from the drinking water needs assessment funded by Chapter 449 of the Statutes of 2018 as that assessment may be updated and as information is developed pursuant to Article 6 (commencing with Section 116772). (c) The fund expenditure plan shall prioritize funding for all of the following: (1) Assisting disadvantaged communities served by a public water system, and low-income households served by a state small water system or a domestic well. (2) The consolidation or extension of service, when feasible, and administrative and managerial contracts or grants entered into pursuant to Section 116686 where applicable. (3) Funding costs other than those related to capital construction costs, except for capital construction costs associated with consolidation and service extension to reduce the ongoing unit cost of service and to increase sustainability of drinking water infrastructure and service delivery. (Added by Stats. 2019, Ch. 120, Sec. 9. (SB 200) Effective July 24, 2019.)
  79. 11677.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. )

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    Certain communications and documents connected to overdose fatality review teams are confidential and cannot be disclosed or discovered by third parties, except that team recommendations may be disclosed after a review is completed if a majority of the team members agree.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. ) ## 11677. (a) An oral or written communication or a document shared within or produced by an overdose fatality review team related to an overdose fatality review is confidential and not subject to disclosure or discovery by a third party. (b) An oral or written communication or a document provided by a third party to an overdose fatality review team, or between a third party and an overdose fatality review team, is confidential and not subject to disclosure or discovery by a third party. (c) Notwithstanding subdivisions (a) and (b), recommendations of an overdose fatality review team, upon the completion of a review, may be disclosed at the discretion of a majority of the members of the overdose fatality review team. (Added by Stats. 2024, Ch. 639, Sec. 1. (AB 2871) Effective January 1, 2025.)
  80. 116770.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 4. Fund Expenditure Plan [116768 - 116770] ( Article 4 added by Stats. 2019, Ch. 120, Sec. 9. )

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    The fund expenditure plan may include spending for specified drinking water and health-related 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 4. Fund Expenditure Plan [116768 - 116770] ( Article 4 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116770. The fund expenditure plan may include expenditures for the following: (a) The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution. (b) The development, implementation, and sustainability of long-term drinking water solutions, including, but not limited to, the following: (1) (A) Technical assistance, planning, construction, repair, and operation and maintenance costs associated with any of the following: (i) Replacing, blending, or treating contaminated drinking water. (ii) Repairing or replacing failing water system equipment, pipes, or fixtures. (iii) Operation and maintenance costs associated with consolidated water systems, extended drinking water services, or reliance on a substituted drinking water source. (B) Technical assistance and planning costs may include, but are not limited to, analyses to identify and efforts to further opportunities to reduce the unit cost of providing drinking water through organizational and operational efficiency improvements, and other options and approaches to reduce costs. (2) Creating and maintaining natural means and green infrastructure solutions that contribute to sustainable drinking water. (3) Consolidating water systems. (4) Extending drinking water services to other public water systems, community water systems, state small water systems, or domestic wells. (5) Satisfying outstanding long-term debt obligations of public water systems, community water systems, and state small water systems where the board determines that a system’s lack of access to capital markets renders this solution the most cost effective for removing a financial barrier to the system’s sustainable, long-term provision of drinking water. (c) Identifying and providing outreach to persons who are eligible to receive assistance from the fund. (d) Testing the drinking water quality of domestic wells serving low-income households, prioritizing those in high-risk areas identified pursuant to Article 6 (commencing with Section 116772). (e) Providing services under Section 116686. (Amended by Stats. 2020, Ch. 370, Sec. 211. (SB 1371) Effective January 1, 2021.)
  81. 116771.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 5. Miscellaneous Provisions [116771 - 116771.5] ( Article 5 added by Stats. 2019, Ch. 120, Sec. 9. )

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    The board may take listed actions to implement the fund and set funding conditions; actions taken to implement, interpret, or make specific this chapter are not subject to the Administrative Procedure Act.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 5. Miscellaneous Provisions [116771 - 116771.5] ( Article 5 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116771. (a) The board may undertake any of the following actions to implement the fund: (1) Provide for the deposit of any of the following moneys into the fund: (A) Federal contributions. (B) Voluntary contributions, gifts, grants, or bequests. (C) Financial participation by a public agency in an activity authorized for funding from the fund. (2) Enter into agreements for contributions to the fund from the federal government, local or state agencies, and private corporations or nonprofit organizations. (3) Direct portions of the fund to a subset of eligible applicants as required or appropriate based on funding source and consistent with the annual fund expenditure plan. (4) Direct moneys described in subparagraph (B) of paragraph (1) towards a specific project, program, or study. (5) Take additional action as may be appropriate for adequate administration and operation of the fund. (b) The board may set appropriate requirements as a condition of funding, including, but not limited to, the following: (1) A system technical, managerial, or financial capacity audit. (2) Improvements to reduce costs and increase efficiencies. (3) An evaluation of alternative treatment technologies. (4) A consolidation or service extension feasibility study. (5) Requirements for a domestic well with nitrate contamination where ongoing septic system failure may be causing or contributing to contamination of a drinking water source to have conducted an investigation and project to address the septic system failure, if adequate funding sources are identified and accessible. (c) Actions taken to implement, interpret, or make specific this chapter, including, but not limited to, the adoption or development of any plan, handbook, or map, are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2019, Ch. 120, Sec. 9. (SB 200) Effective July 24, 2019.)
  82. 116771.5.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 5. Miscellaneous Provisions [116771 - 116771.5] ( Article 5 added by Stats. 2019, Ch. 120, Sec. 9. )

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    This section says the chapter does not require the state to spend additional resources beyond money in the fund, and it states that certain participation in or contributions to the fund serve a public purpose and are not a gift of public funds.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 5. Miscellaneous Provisions [116771 - 116771.5] ( Article 5 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116771.5. (a) This chapter does not expand any obligation of the state to provide resources for the provisions of this article or to require the expenditure of additional resources beyond the amount of moneys deposited in the fund. (b) The Legislature finds and declares that participation in an activity authorized for funding from the fund or a contribution to the fund by a federal, state, or local agency serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. (Added by Stats. 2019, Ch. 120, Sec. 9. (SB 200) Effective July 24, 2019.)
  83. 116772.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 6. Information on High-Risk Areas [116772- 116772.] ( Article 6 added by Stats. 2019, Ch. 120, Sec. 9. )

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    The board must map high-risk aquifers, update the map yearly, post the map and supporting data online, notify local health and planning agencies, and receive water-quality testing results from local health officers or other local agencies on the stated deadlines.

    ## 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 4.6. Safe and Affordable Drinking Water [116765 - 116772] ( Chapter 4.6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## ARTICLE 6. Information on High-Risk Areas [116772- 116772.] ( Article 6 added by Stats. 2019, Ch. 120, Sec. 9. ) ## 116772. (a) (1) By January 1, 2021, the board, in consultation with local health officers and other relevant stakeholders, shall use available data to make available a map of aquifers that are at high risk of containing contaminants that exceed safe drinking water standards that are used or likely to be used as a source of drinking water for a state small water system or a domestic well. The board shall update the map annually based on new and relevant data. (2) The board shall make the map of high-risk areas, as well as the data used to make the map, publicly accessible on its internet website in a manner that complies with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The board shall notify local health officers and county planning agencies of high-risk areas within their jurisdictions. (b) (1) By January 1, 2021, a local health officer or other relevant local agency shall provide to the board all results of, and data associated with, water quality testing performed by a laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 for a state small water system or domestic well that was collected after January 1, 2014, and that is in the possession of the local health officer or other relevant local agency. (2) By January 1, 2022, and by January 1 of each year thereafter, all results of, and data associated with, water quality testing performed by a laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 for a state small water system or domestic well that is submitted to a local health officer or other relevant local agency shall also be submitted directly to the board in electronic format. (Added by Stats. 2019, Ch. 120, Sec. 9. (SB 200) Effective July 24, 2019.)
  84. 116773.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. )

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    This section names the chapter and says it may be cited by that title.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. ) ## 116773. This chapter shall be known, and may be cited, as the Water and Wastewater System Payments Under the American Rescue Plan Act of 2021. (Added by Stats. 2021, Ch. 115, Sec. 61. (AB 148) Effective July 22, 2021. Inoperative July 1, 2026, pursuant to Section 116773.8. Repealed as of January 1, 2027, pursuant to Section 116773.8.)
  85. 116773.2.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. )

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    This section defines 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. ) ## 116773.2. For purposes of this chapter, the following definitions apply: (a) “Community water system” has the same meaning as defined in Section 116275. (b) “COVID-19 pandemic bill relief period” means the period from March 4, 2020, to December 31, 2022, inclusive, and includes any customer billing period that includes these dates. (c) “Enterprise revenue” means revenues of the water or wastewater enterprise of the community water system or wastewater treatment provider. (d) “Past-due bills” means customer water bills that are 60 days or more past due and includes both active and inactive accounts, and accounts that have payment plans or payment arrangements. (e) “Proportional basis” means based on the percentage of the total statewide need for community water system reimbursement under this chapter, estimated by the state board, and the total assistance available for disbursement. (f) “Small community water system” has the same meaning as defined in Section 116275. (g) “State board” means the State Water Resources Control Board. (h) “Wastewater treatment provider” means any of the following: (1) A city, county, special district, or joint powers authority that provides wastewater collection, treatment, or disposal service through a publicly owned treatment works. (2) Any privately owned facility used in the treatment or reclamation of sewage or industrial wastes, and regulated by the Public Utilities Commission pursuant to Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of Division 1 of, the Public Utilities Code. (Amended by Stats. 2023, Ch. 51, Sec. 14. (SB 122) Effective July 10, 2023. Inoperative July 1, 2026, pursuant to Section 116773.8. Repealed as of January 1, 2027, pursuant to Section 116773.8.)
  86. 116773.4.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. )

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    This section creates a water and wastewater arrearage payment program, sets application and funding rules, and limits when service may be cut off for customers on payment plans.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. ) ## 116773.4. (a) The California Water and Wastewater Arrearage Payment Program is hereby established in the state board to implement this chapter. (b) (1) The state board shall adopt a resolution establishing guidelines for application requirements and reimbursement amounts for those arrearages and enterprise revenue shortfalls. (2) There shall be an initial 60-day application timeframe in which a community water system or wastewater treatment provider may apply to the state board for reimbursement. (3) The state board shall use the application total to determine the total amount of residential and commercial arrearages and enterprise revenue shortfalls from community water systems and wastewater treatment providers that have submitted that information. (4) If there are insufficient funds in the appropriation described in paragraph (1) to reimburse the total amount of reported arrearages and enterprise revenue shortfalls of community water systems and wastewater treatment providers, the state board shall disburse the funds on a proportional basis to each applicant. (5) An applicant shall calculate or estimate, based on its billing frequency, the total amount of outstanding past-due bills that have accumulated during the COVID-19 pandemic bill relief period. The calculations shall include documentation to support the amount of outstanding customer arrearages or enterprise revenue shortfalls that were incurred during that period, if available. An applicant’s authorized representative, or its designee, shall attest that the application is true and accurate. (6) (A) The state board shall prioritize the timing of the disbursement of funding to small community water systems or wastewater treatment providers serving small communities. (B) The state board shall establish guidelines to prioritize residential water or wastewater customers and customers with the largest arrearages. (7) If a community water system or wastewater treatment provider uses customer classes for purposes of its billing program, the following customer classes are eligible for funding under this chapter and may be included in the application: (A) Residential customers. (B) Commercial customers. (c) An applicant shall, within 60 days of receiving funds under this chapter, allocate payments as follows: (1) As bill credits to customers to help address past-due bills incurred during the COVID-19 pandemic bill relief period and notify customers of the amounts credited to their accounts. (2) As offsets to or reimbursements for eligible enterprise revenue shortfalls. (d) (1) An applicant shall provide customers with arrearages accrued during the COVID-19 pandemic bill relief period a notice that they may enter into a payment plan and that they have 30 days from the date of the notice to enroll in the payment plan. A payment plan and its associated rules offered by a community water system of any size shall conform with Chapter 6 (commencing with Section 116900), notwithstanding limitations in that chapter relating to a community water system’s size. A community water system shall not discontinue water service to a customer that remains current on a payment plan. (2) A community water system shall not discontinue water service due to nonpayment of past-due bills before either of the following dates, whichever date is later: (A) December 31, 2021. (B) For a customer that has been offered an opportunity to participate in a payment plan, the date the customer misses the enrollment deadline for, or defaults on, the payment plan. (e) A system or provider shall remit any moneys disbursed to the system or provider under this chapter not credited to customers or utilized as eligible enterprise revenue offsets within six months of receipt back to the state board. (f) Customer information collected under this chapter is subject to Section 7927.410 of the Government Code. (g) A community water system or wastewater treatment provider receiving assistance under this chapter may expend up to 3 percent, or up to one million dollars ($1,000,000), whichever amount is less, of that assistance for costs incurred in applying for the assistance or complying with use and reporting conditions of the assistance. (Amended by Stats. 2023, Ch. 51, Sec. 15. (SB 122) Effective July 10, 2023. Inoperative July 1, 2026, pursuant to Section 116773.8. Repealed as of January 1, 2027, pursuant to Section 116773.8.)
  87. 116773.5.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. )

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    Certain water-system or wastewater-system assistance must be treated like a federal earned income refund for some benefits determinations, and it generally cannot be counted as income or resources for 12 months for other state or local programs, subject to federal-law limits and any required approval or waiver.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. ) ## 116773.5. (a) Notwithstanding any other law, any assistance or relief authorized by, and provided by a community water system or a wastewater treatment provider to an individual pursuant to, this chapter shall be treated in the same manner as the federal earned income refund for the purpose of determining the individual’s eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, excluding benefits under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, or amounts of those benefits. (b) Notwithstanding any other law, any assistance or relief authorized by, and provided by a community water system or a wastewater treatment provider to an individual pursuant to, this chapter shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of that individual, or any other individual, for benefits or assistance or the amount or extent of benefits or assistance under any state or local program not covered in subdivision (a). With respect to a state or local program, this subdivision shall only be implemented to the extent that it does not conflict with federal law relating to that program, and that any required federal approval or waiver is first obtained for that program. (Added by Stats. 2022, Ch. 3, Sec. 3. (SB 113) Effective February 9, 2022. Inoperative July 1, 2026, pursuant to Section 116773.8. Repealed as of January 1, 2027, pursuant to Section 116773.8.)
  88. 116773.6.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. )

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    The state board is exempt from certain rulemaking and public contracting requirements when implementing this chapter, may use noncompetitive bidding as needed, must coordinate funding allocation with another department, and may use its existing authority to carry out 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. ) ## 116773.6. (a) Actions by the state board to implement this chapter, including the adoption or development of any plan, handbook, guidelines, reporting and audit requirements, or forms, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Actions by the state board to implement this chapter, including entering into contracts for services or equipment, are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. The state board may award a contract under this chapter on a noncompetitive bid basis as necessary to implement the purposes of this chapter. (c) The state board shall coordinate with the Department of Community Services and Development in allocating funding under this chapter to community water systems that are publicly owned utilities providing electric and water services. (d) The state board may use its authority granted pursuant to Chapter 4 (commencing with Section 116270) to implement the requirements of this chapter. For purposes of Article 7 (commencing with Section 116525), Article 8 (commencing with Section 116625), and Article 9 (commencing with Section 116650) of Chapter 4, a violation of any requirement imposed in connection with funding under this chapter or the associated program is a violation of Chapter 4. (e) This chapter satisfies the requirement for subsequent legislation in Provision 2 of Item 3940-062-8506, Provision 3 of Item 3940-162-8506 of Section 2.00 of the Budget Act of 2021, and implementation of Item 3940-162-8506 of Section 2.00 of the Budget Act of 2023. (Amended by Stats. 2023, Ch. 51, Sec. 16. (SB 122) Effective July 10, 2023. Inoperative July 1, 2026, pursuant to Section 116773.8. Repealed as of January 1, 2027, pursuant to Section 116773.8.)
  89. 116773.8.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. )

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    This chapter stops being operative on July 1, 2026 and is repealed on January 1, 2027.

    ## 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 4.7. Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 [116773 - 116773.8] ( Chapter 4.7 added by Stats. 2021, Ch. 115, Sec. 61. ) ## 116773.8. (a) This chapter shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. (b) Notwithstanding the repeal of this chapter, any claim or cause of action based thereon that was commenced before January 1, 2027, whether or not reduced to a final judgment, or other action of an implementing agency undertaken pursuant to this chapter shall be preserved, and any remedy that was or could have been ordered to redress a violation of this chapter as it read on June 30, 2026, may be ordered or maintained thereafter. (Amended by Stats. 2023, Ch. 51, Sec. 17. (SB 122) Effective July 10, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 4.7, commencing with Section 116773.)
  90. 116774.

    ## 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 4.8. Emerging Contaminants for Small or Disadvantaged Communities Funding Program [116774 - 116774.1] ( Chapter 4.8 added by Stats. 2024, Ch. 72, Sec. 32. )

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    This section defines key terms used in this chapter on emerging contaminants funding for small or 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 4.8. Emerging Contaminants for Small or Disadvantaged Communities Funding Program [116774 - 116774.1] ( Chapter 4.8 added by Stats. 2024, Ch. 72, Sec. 32. ) ## 116774. For purposes of this chapter, the following definitions apply: (a) “Board” means the State Water Resources Control Board. (b) “Community water system” means a public water system that serves at least 15 service connections used by year-long residents or regularly serves at least 25 year-long residents of the area served by the system. (c) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income, including a community water system solely serving a school. (d) “Emerging contaminant” means a contaminant contained on any Contaminant Candidate List published by the United States Environmental Protection Agency under the federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-1(b)(1)). (e) “Federal grant terms” means the terms and conditions of the federal funding award received by the state pursuant to the federal Emerging Contaminants in Small or Disadvantaged Communities grant program authorized by Section 300j-27(a)(2)(G) of the federal act. (f) “Federal Safe Drinking Water Act” or “federal act” means the Safe Drinking Water Act (42 U.S.C. Secs. 300f to 300j-27, inclusive) and acts amendatory thereof or supplemental thereto. (g) “Municipality” has the same meaning and construction as in the relevant federal act and also includes all state, interstate, and intermunicipal agencies. (h) “Noncommunity water system” means a public water system that is not a community water system. (i) “Nonprofit” means an organization qualified to do business in California and qualified under Section 501(c)(3) of Title 26 of the United States Code. (j) “Publicly owned” means owned by a municipality. (k) “Public water system” means privately and publicly owned community water systems and nonprofit noncommunity water systems, including systems utilizing point of entry or residential central treatment. (l) “Small community” means a community with a population of less than 10,000 individuals that the board determines does not have the capacity to incur debt sufficient to finance a project or activity otherwise eligible under this chapter. (Added by Stats. 2024, Ch. 72, Sec. 32. (SB 156) Effective July 2, 2024.)
  91. 116774.1.

    ## 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 4.8. Emerging Contaminants for Small or Disadvantaged Communities Funding Program [116774 - 116774.1] ( Chapter 4.8 added by Stats. 2024, Ch. 72, Sec. 32. )

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    The board may fund projects and direct spending for emerging contaminants in small or disadvantaged communities, if money is appropriated for that purpose. Funded projects must primarily address emerging contaminants in drinking water or source 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 4.8. Emerging Contaminants for Small or Disadvantaged Communities Funding Program [116774 - 116774.1] ( Chapter 4.8 added by Stats. 2024, Ch. 72, Sec. 32. ) ## 116774.1. (a) Upon the appropriation of funds by the Legislature for this purpose, in accordance with this chapter, the board may provide grants and direct expenditures to address emerging contaminants in small or disadvantaged communities, as described in this chapter, consistent with the federal grant terms. (b) The board may provide grant funding under this chapter to public water systems that serve small or disadvantaged communities, or both. (c) The primary purpose of a project or activity funded under this chapter shall be to address one or more emerging contaminants in drinking water or source water. (d) Moneys appropriated for purposes of this chapter may be used for activities consistent with the federal grant terms, including the following activities: (1) Activities relating to source water, including, but not limited to, research and investigation to identify the presence, source, or extent of emerging contaminants in a water system, source exploration, and new source development. (2) Planning and design. (3) Providing households access to drinking water services. (4) Public communication, engagement, and education. (5) Research and testing. (6) Scoping and identification. (7) Storage. (8) Technical assistance. (9) Testing or sampling for baseline assessment. (10) Treatment. (11) Water system restructuring, consolidation, or creation. (e) The board may implement this chapter through a policy handbook or workplan. The policy handbook or workplan 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. 2024, Ch. 72, Sec. 32. (SB 156) Effective July 2, 2024.)
  92. 116775.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Residential consumers have a stated right to use state water for ordinary household purposes, and interference is to happen only when needed for specified health, safety, or water-quality reasons.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116775. The Legislature hereby finds and declares that the utilization of the waters of the state by residential consumers for general domestic purposes, including drinking, cleaning, washing, and personal grooming and sanitation of the people is a right that should be interfered with only when necessary for specified health and safety purposes or to protect the quality of the waters of the state. The Legislature further finds that variation in water quality, and particularly in water hardness, throughout the state often requires that onsite water softening or conditioning be available to domestic consumers to ensure their right to a water supply that is effective and functional for domestic requirements of the residential household, but that residential water softening or conditioning appliances shall be available only as authorized in this article. (Amended by Stats. 1999, Ch. 969, Sec. 1. Effective January 1, 2000.)
  93. 11678.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. )

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    An organization on an overdose fatality review team may share certain information with other team members, and information shared this way is confidential.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. ) ## 11678. An organization represented on an overdose fatality review team may share information in its possession concerning the decedent who is the subject of the review, information received from a person who was in contact with the decedent, or other information deemed by the organization to be pertinent to the review with other members of the team. Information shared by an organization with other members of a team is confidential. (Added by Stats. 2024, Ch. 639, Sec. 1. (AB 2871) Effective January 1, 2025.)
  94. 116780.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines terms used in the water softeners article, including several control types, hardness, local agency, regeneration, and salt efficiency rating.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116780. (a) Unless the context otherwise requires the definitions in this section govern the construction of this article. (b) “Clock control” means the system controlling the periodic automatic regeneration of a residential water softening or conditioning appliance that is based upon a predetermined and preset time schedule. (c) “Demand control” means the system controlling the periodic automatic regeneration of a residential water softening or conditioning appliance that is based either upon a sensor that detects imminent exhaustion of the active softening or conditioning material or upon the measurement of the volume of water passing through the appliance. A demand control system activates regeneration based upon the state of the equipment and its ability to continue the softening process. (d) “Fully manual regeneration” means the method of regeneration of a residential water softening or conditioning appliance in which operations are performed manually and in which dry salt is added directly to the ion-exchanger tank after sufficient water is removed to make room for the salt. (e) “Hardness” means the total of all dissolved calcium, magnesium, iron and other heavy metal salts, that interact with soaps and detergents in a manner that the efficiency of soaps and detergents for cleansing purposes is impaired. Hardness is expressed in grains per gallon or milligrams per liter as if all such salts were present as calcium carbonate. (f) “Local agency” means a city, county, city and county, district, or any other political subdivision of the state. (g) “Manually initiated control” means the system controlling the periodic regeneration of a residential water softening or conditioning appliance in which all operations, including bypass of hard water and return to service, are performed automatically after manual initiation. (h) “Regeneration” means the phase of operation of a water softening or conditioning appliance whereby the capability of the appliance to remove hardness from water is renewed by the application of a brine solution of sodium or potassium chloride salt to the active softening or conditioning material contained therein followed by a subsequent rinsing of the active softening or conditioning material. (i) “Salt efficiency rating” means the efficiency of the use of sodium chloride salt in the regeneration of a water softening appliance, expressed in terms of hardness removal capacity of the appliance per pound of salt used in the regeneration process. The units of salt efficiency rating are grains of hardness removed per pound of salt used. One grain of hardness per gallon is approximately equivalent to 17.1 milligrams of hardness per liter. (Amended by Stats. 1999, Ch. 969, Sec. 2. Effective January 1, 2000.)
  95. 116785.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A residential water softening or conditioning appliance may be installed only if it meets one of the listed conditions, unless Section 116786 applies.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116785. Except as provided in Section 116786, a residential water softening or conditioning appliance may be installed only if either of the following apply: (a) The regeneration of the appliance is performed at a nonresidential facility separate from the location of the residence where the appliance is used. (b) The regeneration of the appliance discharges to the community sewer system and all of the following conditions are satisfied: (1) The appliance activates regeneration by demand control. (2) An appliance installed on or after January 1, 2000, shall be certified by a third party rating organization using industry standards to have a salt efficiency rating of no less than 3,350 grains of hardness removed per pound of salt used in regeneration. An appliance installed on or after January 1, 2002, shall be certified by a third party rating organization using industry standards to have a salt efficiency rating of no less than 4,000 grains of hardness removed per pound of salt used in regeneration. (3) The installation of the appliance is accompanied by the simultaneous installation of the following softened or conditioned water conservation devices on all fixtures using softened or conditioned water, unless the devices are already in place or are prohibited by local and state plumbing and building standards or unless the devices will adversely restrict the normal operation of the fixtures: (A) Faucet flow restrictors. (B) Shower head restrictors. (C) Toilet reservoir dams. (D) A piping system installed so that untreated (unsoftened or unconditioned) supply water is carried to hose bibs and sill cocks that serve water to the outside of the house, except that bypass valves may be installed on homes with slab foundations constructed prior to the date of installation; or condominiums constructed prior to the date of installation; or otherwise where a piping system is physically inhibited. (Amended by Stats. 1999, Ch. 969, Sec. 3. Effective January 1, 2000.)
  96. 116786.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A local agency may adopt an ordinance limiting or banning certain residential water softening or conditioning appliances that discharge to the community sewer system, but only after making specified 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116786. (a) Notwithstanding subdivision (b) of Section 116785, a local agency may, by ordinance, limit the availability, or prohibit the installation, of residential water softening or conditioning appliances that discharge to the community sewer system if the local agency makes all of the following findings and includes them in the ordinance: (1) Limiting the availability, or prohibiting the installation, of the appliances is a necessary means of achieving compliance with waste discharge requirements issued by a California regional water quality control board. In determining a necessary means of achieving compliance, the local agency shall assess both of the following: (A) The technological and economic feasibility of alternatives to the ordinance. (B) The potential saline discharge reduction of the ordinance. (2) The local agency has adopted and is enforcing regulatory requirements that limit the volumes and concentrations of saline discharges from nonresidential sources in the community waste disposal system to the extent technologically and economically feasible. (b) Notwithstanding subdivision (b) of Section 116785, a local agency may, by ordinance, limit the availability, or prohibit the installation, of residential water softening or conditioning appliances that discharge to the community sewer system if the local agency makes all of the following findings and includes them in the ordinance: (1) Limiting the availability, or prohibiting the installation, of the appliances is a necessary means of achieving compliance with the water reclamation requirements or the master reclamation permit issued by a California regional water quality control board. In determining a necessary means of achieving compliance, the local agency shall assess both of the following: (A) The technological and economic feasibility of alternatives to the ordinance. (B) The potential saline discharge reduction of the ordinance. (2) The local agency has adopted, and is enforcing, regulatory requirements that limit the volumes and concentrations of saline discharges from nonresidential sources to the community waste disposal system to the extent technologically and economically feasible. (c) Local agency findings shall be substantiated by an independent study of discharges from all sources of salinity, including, but not limited to, residential water softening or conditioning appliances, residential consumptive use, industrial and commercial discharges, and seawater or brackish water infiltration and inflow into the sewer collection system. The study shall quantify, to the greatest extent feasible, the total discharge from each source of salinity and identify remedial actions taken to reduce the discharge of salinity into the community sewer system from each source, to the extent technologically and economically feasible, to bring the local agency into compliance with waste discharge requirements, water reclamation requirements, or a master reclamation permit, prior to limiting or prohibiting the use of residential water softening or conditioning appliances. (d) Any ordinance adopted pursuant to this section shall be prospective in nature and may not require the removal of residential water softening or conditioning appliances that are installed before the effective date of the ordinance. (e) To comply with this section, any local agency described in subdivision (f) of Section 116780 is authorized to adopt an ordinance. (f) This section shall become operative on January 1, 2003. (Amended by Stats. 2003, Ch. 172, Sec. 1. Effective January 1, 2004.)
  97. 116787.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section lets the district adopt an ordinance requiring removal of installed residential self-regenerating water softeners, but only after making specified findings and following approval and compensation 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116787. (a) Notwithstanding subdivision (d) of Section 116786, the Santa Clarita Valley Sanitation District, or any successor district, may, by ordinance adopted subsequent to an ordinance adopted pursuant to Section 116786, require the removal of all installed residential self-regenerating water softeners, if the district makes all of the following findings and includes those findings in the ordinance: (1) The removal of residential self-regenerating water softeners is a necessary and cost-effective means of achieving timely compliance with waste discharge requirements, water reclamation requirements, or a Total Maximum Daily Load (TMDL) issued by a California regional water quality control board. In determining what constitutes a necessary and cost-effective means of achieving compliance, the district shall assess all of the following: (A) Alternatives to the ordinance. (B) The cost-effectiveness and timeliness of the alternatives as compared to the adoption of the ordinance. (C) The reduction in chloride levels to date resulting from the voluntary program implemented pursuant to paragraph (1) of subdivision (c). (D) The potential reduction in chloride levels expected as a result of the program implemented pursuant to paragraph (2) of subdivision (c). (2) The district has adopted and is enforcing regulatory requirements that limit the volume and concentrations of saline discharges from nonresidential sources to the community sewer system, to the extent that is technologically and economically feasible. (3) Based on available information, sufficient wastewater treatment capacity exists in Los Angeles County to make portable exchange water softening services available to residents affected by this ordinance. (4) Based on available information, the adoption and implementation of the ordinance will avoid or significantly reduce the costs associated with advanced treatment for salt removal and brine disposal that otherwise would be necessary to meet the Total Maximum Daily Load (TMDL) for chloride, established by the Regional Water Quality Control Board, Los Angeles Region, for Reaches 5 and 6 of the Santa Clara River, in Los Angeles County that took effect May 4, 2005. (b) (1) An ordinance adopted pursuant to subdivision (a) shall not be effective until it is approved by a majority vote of the qualified votes cast in a regularly scheduled election, following the adoption of the ordinance, held in the district’s service area, in a referendum in accordance with applicable provisions of the Elections Code. (2) Information regarding the projected cost differences between advanced treatment for salt removal and brine disposal without the removal of installed residential self-regenerating water softeners, alternatives identified in paragraph (1) of subdivision (a), and the removal of installed residential self-regenerating water softeners shall be included in voter information material. (c) (1) Prior to the effective date of any ordinance adopted pursuant to subdivision (a), the district shall make available to owners of residential self-regenerating water softeners within its service area a voluntary program to compensate the owner of the appliance for 100 percent of the reasonable value of the removed appliance, and the reasonable cost of the removal and disposal of the appliance, both of which shall be determined by the district, with consideration given to information provided by manufacturers of residential self-regenerating water softeners and providers of water softening or conditioning appliances and services in the district’s service area regarding purchase price, useful life, and the cost of installation, removal, and disposal. (2) On and after the effective date of any ordinance adopted pursuant to subdivision (a), the district shall make available to owners of residential self-regenerating water softeners within its service area a program to compensate the owner of the appliance for 75 percent of the reasonable value of the removed appliance, and the reasonable cost of the removal and disposal of the appliance, both of which shall be determined by the district, with consideration given to information provided by manufacturers of residential self-regenerating water softeners and providers of water softening or conditioning appliances and services in the district’s service area regarding purchase price, useful life, and the cost of installation, removal, and disposal. (3) Compensation pursuant to paragraphs (1) and (2) shall only be made available if the owner disposes of the residential self-regenerating water softener and provides written confirmation of the disposal, which may include, but is not limited to, verification in writing provided by the franchise refuse hauler that provides the service of removing the appliance or verification in writing of the appliance’s destruction by the party responsible for its recycling or final disposal. (4) If the owner of a residential self-regenerating water softener is in the business of renting or leasing residential self-regenerating water softeners, the owner may voluntarily waive compensation pursuant to paragraphs (1) and (2), and shall not be required to dispose of the appliance if the owner provides the district with written confirmation that the appliance has been removed from the home within the district’s service area for use in a location outside the district’s service area. (5) The terms of compensation included in paragraphs (1) and (2) shall be included in an ordinance adopted pursuant to subdivision (a). (6) (A) Upon the request of the district, the providers of water softening or conditioning services and appliances to residents of the district’s service area shall provide the district, within 60 days, copies of purchase agreements or receipts, or any other specific records of sales of residential self-generating water softeners in the district’s service area. (B) The information in this paragraph shall remain protected and confidential in accordance with applicable provisions of the Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) Any ordinance adopted pursuant to subdivision (a) and approved in accordance with subdivision (b) shall not take effect until January 1, 2009. (e) For purposes of this section, “residential self-regenerating water softeners” and “appliances” mean residential water softening or conditioning appliances that discharge brine into the community sewer system. (Amended by Stats. 2021, Ch. 615, Sec. 281. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  98. 11679.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. )

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    Health care providers and covered entities must give the county overdose fatality review team information directly related to a case, subject to listed privacy limits.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. ) ## 11679. (a) Consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code, a provider of health care, as defined in Section 56.05 of the Civil Code, or a covered entity, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, shall provide to the members of the county overdose fatality review team any information, including protected health information, and mental health records excluding psychotherapy notes, in its possession that is directly related to the review authorized under Section 11675 about the individual involved in the case. The provision of information under this subdivision is a disclosure required by law, which may be made only to the extent permitted under subdivision (a) of Section 164.512 of Title 45 of the Code of Federal Regulations. The information disclosed shall include substance use disorder patient records only to the extent permitted by Part 2 (commencing with Section 2.1) of Title 42 of the Code of Federal Regulations. (b) The following additional information, only to the extent required for carrying out the reviews authorized by this division, may be disclosed: (1) State summary criminal history information, as defined in Section 11105 of the Penal Code, criminal offender record information, as defined in Section 11075 of the Penal Code, and local summary criminal history information, as defined in Section 13300 of the Penal Code. (2) Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10 of the Penal Code, as well as the information on which these reports are based. (Added by Stats. 2024, Ch. 639, Sec. 1. (AB 2871) Effective January 1, 2025.)
  99. 116790.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Certain pre-1980 residential water softening appliances may keep operating for up to four years after a regional board finding, but then must meet specified salt-efficiency or demand-device requirements and install certain water-saving devices unless an exception applies.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116790. Any water softening appliance in place at a residential dwelling prior to January 1, 1980, in those areas being served by sewage treatment facilities that have been limited with regard to salt loading pursuant to Division 7 (commencing with Section 13000) of the Water Code and for which the appropriate regional water quality control board makes a finding, after adoption of waste discharge requirements and subject to a public hearing, that the control of residential salinity input is necessary to provide compliance with those limitations, may be continued in operation for a period no longer than four years after the regional water quality control board has made its findings. After the four-year period has elapsed, any water softening appliance at that site shall be set at a salt efficiency rating of no less than 2850 grains of hardness removed per pound of salt used in regeneration when regeneration is initiated with clock controls or manually-initiated controls, or shall have regenerations initiated with demand devices. Also, after the four-year period has elapsed, those water-saving devices in shower heads, on faucets, and in toilet reservoirs, as recited in paragraph (2) of subdivision (b) of Section 116785, shall be installed unless already in place or prohibited by local and state plumbing and building standards. The salt efficiency rating of the water softening or conditioning appliance and the installation of water-saving devices shall be certified in accordance with Section 116795. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  100. 116795.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The new user of a water softener must provide the required certification, and a licensed contractor must complete and file it with the local agency that issues plumbing permits.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Softeners [116775 - 116795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116795. The certification required by this article shall be provided by the new user of the appliance and shall be completed by a contractor having a valid Class C-55 water conditioning contractor’s license or Class C-36 plumbing contractor’s license and filed with the local agency responsible for issuing plumbing permits. The certification form shall contain all of the following information: (a) Name and address of homeowner. (b) Manufacturer of the water softening or conditioning appliance, model number of the appliance, pounds of salt used per regeneration, and salt efficiency rating at the time of certification. (c) Manufacturer of the water-saving devices installed, model number, and number installed. (d) Name, address, and the specialty contractor’s license number of the C-55 and C-36 licensee making the certification. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  101. 11680.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. )

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    County overdose fatality review information must be used to develop prevention and treatment-coordination strategies, and teams may share the same information with other county teams and state agencies for those purposes.

    ## Health and Safety Code - HSC ## DIVISION 10.1. OVERDOSE FATALITY REVIEW TEAMS [11675 - 11680] ( Division 10.1 added by Stats. 2024, Ch. 639, Sec. 1. ) ## 11680. (a) Information gathered, and recommendations made, by an overdose fatality review team shall be used by the county to develop education, prevention, and intervention strategies that will lead to improved coordination of treatment services and prevent future overdose deaths. (b) Overdose fatality review teams may share the same information and recommendations with overdose fatality review teams in other counties and state agencies for purposes of education, prevention, and intervention strategies that will lead to improved coordination of treatment services and prevent future overdose deaths. An oral or written communication or a document provided by a county overdose fatality review team to another county overdose fatality review team or to a state agency is confidential and not subject to disclosure or discovery by a third party. (Added by Stats. 2024, Ch. 639, Sec. 1. (AB 2871) Effective January 1, 2025.)
  102. 116800.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Local health officers may run cross-connection control programs and related inspections, and water users must comply with local health officer orders about backflow prevention devices.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116800. Local health officers may maintain programs for the control of cross-connections by water users, within the users’ premises, where public exposure to drinking water contaminated by backflow may occur. The programs may include inspections within water users premises for the purpose of identifying cross-connection hazards and determining appropriate backflow protection. Water users shall comply with all orders, instructions, regulations, and notices from the local health officer with respect to the installation, testing, and maintenance of backflow prevention devices. The local health officer may collect fees from those water users subject to inspection to offset the costs of implementing cross-connection control programs. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  103. 116805.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Local health officers may run backflow-protection programs with water suppliers and may collect fees from water suppliers if the supplier consents.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116805. (a) Local health officers may maintain programs, in cooperation with water suppliers, to protect against backflow through service connections into the public water supply, and, with the consent of the water supplier, may collect fees from the water supplier to offset the costs of implementing these programs. (b) The fees authorized under this section and under Section 116800 shall be limited to the costs of administering these programs. At the discretion of the water supplier, the fees collected from the water supplier by the local health officer may be passed through to water users. (c) Programs authorized under this section and Section 116800 shall be conducted in accordance with backflow protection regulations adopted by the department. (d) Nothing in this article shall prevent a water supplier from directly charging those water users required to install backflow prevention devices for the costs of the programs authorized in this section and Section 116800. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  104. 116810.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Local health officers may run certification programs for backflow prevention device testers and may discipline or charge certified testers under stated conditions.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116810. To ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, local health officers may maintain programs for certification of backflow prevention device testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The certification standards shall be consistent with standards adopted by the state board pursuant to Section 116407 and any other applicable backflow protection regulations. (Amended by Stats. 2017, Ch. 533, Sec. 3. (AB 1671) Effective January 1, 2018.)
  105. 116815.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Pipes installed above or below ground that are designed to carry recycled water must be colored purple or wrapped with purple tape.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116815. (a) All pipes installed above or below the ground, on and after June 1, 1993, that are designed to carry recycled water, shall be colored purple or distinctively wrapped with purple tape. (b) Subdivision (a) shall apply only in areas served by a water supplier delivering water for municipal and industrial purposes, and in no event shall apply to any of the following: (1) Municipal or industrial facilities that have established a labeling or marking system for recycled water on their premises, as otherwise required by a local agency, that clearly distinguishes recycled water from potable water. (2) Water delivered for agricultural use. (c) For purposes of this section, “recycled water” has the same meaning as defined in subdivision (n) of Section 13050 of the Water Code. (Added by renumbering Section 4049.54 (as amended by Stats. 1995, Ch. 28) by Stats. 1996, Ch. 1023, Sec. 188. Effective September 29, 1996.)
  106. 116820.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Violating this article, disobeying a local health officer order under it, or knowingly filing a required false statement or report 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 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cross-Connection Control by Water Users [116800 - 116820] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116820. Any person who violates any provision of this article, violates any order of the local health officer pursuant to this article, or knowingly files a false statement or report required by the local health officer pursuant to this article is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding 30 days in the county jail or by both such fine and imprisonment. Each day of a violation of any provision of this article or of any order of the local health officer beyond the time stated for compliance of the order shall be a separate offense. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  107. 116825.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines key terms used in the article on water treatment devices.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116825. Unless the context otherwise requires, the following definitions shall govern construction of this article: (a) “Water treatment device” means any point of use or point of entry instrument or contrivance sold or offered for rental or lease for residential use, and designed to be added to the plumbing system, or used without being connected to the plumbing of a water supply intended for human consumption in order to improve the water supply by any means, including, but not limited to, filtration, distillation, adsorption, ion exchange, reverse osmosis, or other treatment. “Water treatment device” does not include any device that is regulated pursuant to Article 12 (commencing with Section 111070) of Chapter 5 of Part 5. (b) “Department” means the State Department of Public Health. (c) “Person” means any individual, firm, corporation, or association, or any employee or agent thereof. (d) “Contaminants” means any health-related physical, chemical, biological, or radiological substance or matter in water. (e) “Health or safety claim” means any claim that the water treatment device will remove or reduce a contaminant for which either of the following applies: (1) A primary drinking water standard as defined in Section 116275, or a treatment requirement as authorized in subdivision (j) of Section 116365 and subdivision (d) of Section 116375, has been established. (2) A national primary drinking water standard or treatment requirement has been established under the federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-1). (f) “Manufacturer” means any of the following: (1) A person that makes, converts, constructs, or produces water treatment devices for the purposes of sale, lease, or rental to individuals, corporations, associations, or other entities. (2) A person that assembles water treatment devices or treatment components from components manufactured by another entity. (3) A person that adds its own product name or product identification to water treatment devices or treatment components that have been manufactured or assembled by another entity. (Amended by Stats. 2013, Ch. 403, Sec. 2. (AB 119) Effective January 1, 2014.)
  108. 116831.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Regulations adopted under this article before January 1, 2014, are repealed.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116831. All regulations adopted pursuant to this article prior to January 1, 2014, are repealed. (Added by Stats. 2013, Ch. 403, Sec. 4. (AB 119) Effective January 1, 2014.)
  109. 116832.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Manufacturers of certain water treatment devices sold in California must annually submit specified information and a fee to the department, and the department must publish submitted information on set timelines.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116832. (a) Commencing January 1, 2014, each manufacturer that offers for sale in California a water treatment device for which it makes a health or safety claim shall, for each water treatment device for which the manufacturer does not have a valid, unexpired certificate issued by the department prior to December 1, 2013, annually submit to the department the following information, together with the fee prescribed in Section 116850, for purposes of the department publishing the information on its Internet Web site: (1) The name, address, telephone number, and Internet Web site address, if any, of the manufacturer. (2) The name, address, and telephone number of a contact person for the manufacturer. (3) The name and model number of the water treatment device, and any other product identification, used by the manufacturer to describe the water treatment device or treatment component. (4) Each specific contaminant claimed to be removed or reduced by the device. (5) For each specific contaminant identified pursuant to paragraph (4), the name of the organization that meets the accreditation standards of the American National Standards Institute and that has certified the device to verify its removal or reduction performance for that contaminant, the name of the testing protocol or standard used to test the device, a statement from the testing laboratory giving the date of the test, a summary of the results, and the date, if any, by which the device must be retested for verification of the removal or reduction performance to remain effective. (6) A product information worksheet that includes the following information: (A) A summary of the information required to be submitted to the department pursuant to paragraphs (1) to (5), inclusive. (B) A copy of the certificate issued by the organization that certified the device, as described in paragraph (5). (C) The service flow rate in gallons per minute or gallons per day or the production rate in gallons per day. (D) The rated service life of the water treatment device, if applicable. (E) The general use conditions and needs of the device, including, but not limited to, its maximum turbidity and the bacteriological quality of source water. (F) The model or part number of components that must be periodically or routinely replaced to maintain the effectiveness of the device. (G) The maximum and minimum operating temperature of the device in degrees Fahrenheit and degrees Centigrade. (H) The maximum and minimum operating pressure of the device in pounds per square inch and kilograms per square centimeter. (I) A reference to the device’s owners’ manual for general operation and maintenance requirements and the manufacturer’s warranty. (b) (1) Information submitted to the department pursuant to subdivision (a) that is accompanied by the fee required by Section 116850 and postmarked, or sent electronically, after September 1, but on or before March 1, shall be published by the department pursuant to Section 116845 no later than April 1 next following the submission. (2) Information submitted to the department pursuant to subdivision (a) that is accompanied by the fee required by Section 116850 and postmarked, or sent electronically, after March 1, but on or before September 1, shall be published by the department pursuant to Section 116845 no later than October 1 of that same year. (Added by Stats. 2013, Ch. 403, Sec. 5. (AB 119) Effective January 1, 2014.)
  110. 116835.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Water treatment devices with health or safety claims cannot be sold or distributed unless they are on the state board’s published list, and certain packaging and decal disclosures are required after July 1, 2015.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116835. (a) A water treatment device for which a health or safety claim is made shall not be sold or otherwise distributed unless the device is included on the list of water treatment devices published on the state board’s Internet Web site pursuant to Section 116845. (b) After July 1, 2015, the exterior packaging of a water treatment device for which a health or safety claim is made, and that is offered for sale in a retail establishment in California, shall clearly identify the contaminant or contaminants that the device has been certified pursuant to subdivision (a) to remove or reduce. If a device has been certified to remove or reduce more than five contaminants, at least five contaminants shall be listed on the exterior packaging followed by a statement directing consumers to visit the manufacturer’s Internet Web site to obtain information regarding additional contaminants that the device is certified to remove or reduce. (c) After July 1, 2015, the manufacturer of a water treatment device for which it makes a health or safety claim shall include with each water treatment device offered for sale in California a decal that may be affixed to the device by the consumer that states, at a minimum, the following: “Please refer to the owner’s manual for proper maintenance and operation. If this device is not maintained and operated as specified in the owner’s manual, there is a risk of exposure to contaminants. For more information, visit the manufacturer’s Internet Web site at Manufacturer’s Internet Web site or the State Water Resources Control Board’s Internet Web site at www.swrcb.ca.gov.” (Amended by Stats. 2014, Ch. 828, Sec. 2. (AB 2738) Effective January 1, 2015.)
  111. 116836.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A certificate from the department is only valid if the certification application was filed by November 1, 2013; certain certificates issued on or before December 31, 2013 stay valid for five years if the manufacturer pays the annual fee.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116836. (a) Notwithstanding any other law, a certificate issued by the department shall not be valid unless the application for certification was filed on or before November 1, 2013. (b) A currently valid certificate issued by the department on or before December 31, 2013, pursuant to this article, shall remain valid for five years following the date of initial issuance, provided that the manufacturer pays the annual fee established by Section 116850. (Added by Stats. 2013, Ch. 403, Sec. 8. (AB 119) Effective January 1, 2014.)
  112. 116840.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must enforce this article, and local health officers may do so only with the department’s concurrence. The department may also remove a water treatment device from, or leave it off, its website list for specified reasons. Violators may face civil penalties up to $5,000 per violation.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116840. (a) The department, or any local health officer with the concurrence of the department, shall enforce this article. (b) The department may remove a water treatment device from, or determine not to include a water treatment device on, the list of water treatment devices on the department’s Internet Web site upon its determination of any of the following: (1) That the manufacturer, or any employee or agent thereof, has violated this article or Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code. (2) That any of the information submitted pursuant to Section 116832 is not true. (3) That a certificate issued by the department prior to December 31, 2013, has expired, unless the manufacturer otherwise complies with Section 116832. (4) That the manufacturer has not paid the annual fees required by Section 116850. (5) That the manufacturer has failed to submit all of the information required by subdivision (a) of Section 116832. (c) Any person, corporation, firm, partnership, joint stock company, or any other association or organization that violates any provision of this article shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of the conduct is a separate and distinct violation. The civil penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction. (d) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of penalties collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city. (e) Unless otherwise provided, the remedies or penalties provided by this article are cumulative to each other and to remedies or penalties available under all other laws of this state. (Amended by Stats. 2013, Ch. 403, Sec. 9. (AB 119) Effective January 1, 2014.)
  113. 116845.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must publish specified water treatment device lists, product worksheets, and consumer information on its website twice a year.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116845. The department shall publish semiannually on its Internet Web site the following: (a) (1) A list of water treatment devices for which a valid certification was issued by the department on or before December 31, 2013, except for those water treatment devices that the department has removed from, or determined not to include on, the list of water treatment devices on its Internet Web site. (2) A list of water treatment devices for which a manufacturer has submitted information pursuant to Section 116832, except for those water treatment devices that the department has determined to remove from, or not include on, the list pursuant to Section 116840. (3) A product worksheet for each water treatment device listed on the department’s Internet Web site. (b) Consumer information, in English and Spanish, regarding the appropriate use of water treatment devices. (Repealed and added by Stats. 2013, Ch. 403, Sec. 11. (AB 119) Effective January 1, 2014.)
  114. 116850.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must charge and collect an annual fee from certain manufacturers, and it may set or adjust that fee by posting it on its website.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116850. (a) The department shall charge and collect the applicable annual fee, as established pursuant to subdivision (b), from each manufacturer that submits information as required by Section 116832 and from each manufacturer that has a currently valid certificate issued by the department. The fees established pursuant to subdivision (b) shall not exceed the amount necessary to recoup the reasonable regulatory costs incurred by the department in publishing and maintaining the information on its Internet Web site as provided in Section 116845 and in conducting enforcement actions, including, but not limited to, referring matters for enforcement to other agencies pursuant to Section 116840. (b) (1) For each water treatment device for which the manufacturer has submitted the information required by subdivision (a) of Section 116832, the annual fee shall be up to five hundred dollars ($500). (2) For each water treatment device that has a valid, unexpired certificate issued by the department prior to December 31, 2013, the annual fee shall be up to five hundred dollars ($500). (c) The department may establish and periodically adjust the fee authorized by subdivision (a) by publishing the fee on its Internet Web site. This action by the department 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). (Repealed and added by Stats. 2013, Ch. 403, Sec. 13. (AB 119) Effective January 1, 2014.)
  115. 116855.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This article does not apply to residential self-regenerating water softeners.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116855. This article shall not apply to residential self-regenerating water softeners, as defined in Section 13148 of the Water Code. (Repealed and added by Stats. 2013, Ch. 403, Sec. 15. (AB 119) Effective January 1, 2014.)
  116. 116860.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section creates the Water Device Certification Special Account in the State Treasury and says certain fees must be deposited into 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116860. There is in the State Treasury the Water Device Certification Special Account. Fees collected pursuant to Section 116850 shall be deposited in the account created by this section. The money in the account is available for expenditure by the department, upon appropriation by the Legislature, solely for the purposes specified in this article. (Amended by Stats. 2013, Ch. 403, Sec. 16. (AB 119) Effective January 1, 2014.)
  117. 116865.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Director of Finance may authorize the department to borrow up to $200,000 to implement this article, and the department must repay the loan with interest.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Water Treatment Devices [116825 - 116865] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116865. The Director of Finance may authorize the department to borrow up to two hundred thousand dollars ($200,000) for the purpose of implementing this article from any fund or account deemed appropriate by the Director of Finance. The department shall repay the loan with interest to be determined in accordance with Section 16314 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  118. 116875.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section bans non-lead-free pipes, fittings, fixtures, solder, and flux in specified water uses and requires certification by an ANSI-accredited third party.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116875. (a) No person shall use any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not lead free in the installation or repair of any public water system or any plumbing in a facility providing water for human consumption, except when necessary for the repair of leaded joints of cast iron pipes. (b) (1) No person shall introduce into commerce any pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption through drinking or cooking that is not lead free, as defined in subdivision (e). This includes kitchen faucets, bathroom faucets, and any other end-use devices intended to convey or dispense water for human consumption through drinking or cooking, but excludes service saddles, backflow preventers for nonpotable services such as irrigation and industrial, and water distribution main gate valves that are two inches in diameter and above. (2) Pipes, pipe or plumbing fittings, or fixtures that are used in manufacturing, industrial processing, for irrigation purposes, and any other uses where the water is not intended for human consumption through drinking or cooking are not subject to the requirements of paragraph (1). (3) For all purposes other than manufacturing, industrial processing, or to convey or dispense water for human consumption, “lead free” is defined in subdivision (f). (c) No person engaged in the business of selling plumbing supplies, except manufacturers, shall sell solder or flux that is not lead free. (d) No person shall introduce into commerce any solder or flux that is not lead free unless the solder or flux bears a prominent label stating that it is illegal to use the solder or flux in the installation or repair of any plumbing providing water for human consumption. (e) For the purposes of this section, “lead free” means not more than 0.2 percent lead when used with respect to solder and flux and not more than a weighted average of 0.25 percent when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures. The weighted average lead content of a pipe and pipe fitting, plumbing fitting, and fixture shall be calculated by using the following formula: The percentage of lead content within each component that comes into contact with water shall be multiplied by the percent of the total wetted surface of the entire pipe and pipe fitting, plumbing fitting, or fixture represented in each component containing lead. These percentages shall be added and the sum shall constitute the weighted average lead content of the pipe and pipe fitting, plumbing fitting, or fixture. (f) For the purposes of paragraph (3) of subdivision (b), “lead free,” consistent with the requirements of federal law, means not more than 0.2 percent lead when used with respect to solder and flux and not more than 8 percent when used with respect to pipes and pipe fittings. With respect to plumbing fittings and fixtures, “lead free” means not more than 4 percent by dry weight after August 6, 2002, unless the department has adopted a standard, based on health effects, for the leaching of lead. (g) (1) All pipe, pipe or plumbing fittings or fixtures, solder, or flux shall be certified by an independent American National Standards Institute (ANSI) accredited third party, including, but not limited to, NSF International, as being in compliance with this section. (2) (A) The certification described in paragraph (1) shall, at a minimum, include testing of materials in accordance with the protocols used by the Department of Toxic Substances Control in implementing Article 10.1.2 (commencing with Section 25214.4.3) of Chapter 6.5 of Division 20. (B) The certification required pursuant to this subdivision shall not interfere with either the department’s exercise of its independent authority to protect public health pursuant to this section, or the Department of Toxic Substances Control’s exercise of its independent authority to implement Article 10.1.2 (commencing with Section 25214.4.3) of Chapter 6.5 of Division 20. (3) It is the intent of the Legislature that this subdivision only provide guidance and assistance to the entities that use an independent ANSI accredited third party to demonstrate compliance with this section. Any tests developed by an independent ANSI accredited third party in accordance with this subdivision shall have no weight of authority under California statute. (4) Notwithstanding paragraph (1), the department shall retain its independent authority in administering this article. (h) This section shall become operative on January 1, 2010. The requirement described in subdivision (g) shall not be construed in any manner as to justify a delay in compliance with the lead-free standard set forth in subdivision (e). (Amended (as added by Stats. 2006, Ch. 853, Sec. 2) by Stats. 2008, Ch. 580, Sec. 2. Effective January 1, 2009. Section operative January 1, 2010, by its own provisions.)
  119. 116876.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section restricts certain lead-leaching endpoint devices and requires compliant products to show a specific NSF/ANSI/CAN 61 label.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116876. (a) Commencing January 1, 2023, a person shall not manufacture, and offer for sale in the state, an endpoint device intended to convey or dispense water for human consumption that leaches more than one microgram of lead for test statistic Q or R, when normalized for a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International Standard 61, which became effective in the year 2020, and certified by an American National Standards Institute-accredited third party. (b) Commencing July 1, 2023, a person shall not introduce into commerce or offer for sale in the state an endpoint device intended to convey or dispense water for human consumption that leaches more than one microgram of lead for test statistic Q or R, when normalized for a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International Standard 61, which became effective in the year 2020, and certified by an American National Standards Institute-accredited third party. (c) The consumer-facing product packaging or product labeling of an endpoint device intended to convey or dispense water for human consumption that meets the “lead free” standard specified in subdivision (e) of Section 116875 and does not leach more than one microgram of lead for test statistic Q or R, when normalized for a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International Standard 61, which became effective in the year 2020, and certified by an American National Standards Institute-accredited third party, shall indicate that compliance by including the lettering “NSF/ANSI/CAN 61: Q ≤ 1” in an easily identifiable manner. (d) (1) For purposes of this section, “endpoint device” means a single device, such as a plumbing fitting, fixture, or faucet, that is typically installed within the last one liter of the water distribution system of a building. An endpoint device includes all of the following: (A) Remote chillers. (B) Lavatory faucets. (C) Bar faucets. (D) Kitchen faucets. (E) Hot and cold water dispensers. (F) Drinking fountains. (G) Drinking fountain bubblers. (H) Water coolers. (I) Glass fillers. (J) Residential refrigerator ice makers. (2) An endpoint device does not include either of the following: (A) Devices specifically exempted from section nine, “Mechanical Plumbing Devices,” of the 2020 NSF International Standard 61, which became effective in the year 2020. (B) Devices the 2020 NSF International Standard 61, which became effective in the year 2020, subjects to a different lead leaching standard or normalization requirement than that specified in subdivision (a). (Added by Stats. 2021, Ch. 692, Sec. 1. (AB 100) Effective January 1, 2022.)
  120. 116880.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must adopt building standards to implement Section 116875, and those standards must be enforced by appropriate state and local building and health officials.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116880. The department shall adopt building standards to implement Section 116875. The standards shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be published in the State Building Standards Code located in Title 24 of the California Code of Regulations. The standards shall be enforced by the appropriate state and local building and health officials. (Amended by Stats. 1997, Ch. 734, Sec. 18. Effective October 7, 1997.)
  121. 116885.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A community water system must inventory lead user service lines by July 1, 2018 and submit replacement timelines to the state board by July 1, 2020; the state board must review those timelines and may approve, deny, or revise them.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116885. (a) By July 1, 2018, a community water system shall compile an inventory of known lead user service lines in use in its distribution system and identify areas that may have lead user service lines in use in its distribution system. (b) (1) By July 1, 2020, a community water system that has identified known lead user service lines in use in its distribution system as provided in subdivision (a) shall provide a timeline for replacement of known lead user service lines in use in its distribution system to the state board. (2) By July 1, 2020, a community water system that has identified areas that may have lead user service lines in use in its distribution system as provided for in subdivision (a) shall do both of the following: (A) Provide to the state board its determination as to whether there are any lead user service lines in use in those areas of its distribution system and provide a timeline to the state board for replacement of those lead user service lines that the community water system has identified. (B) Provide its findings as to whether there are any areas for which it cannot determine the content of the user service lines and a timeline to the state board for replacement of the user service lines whose content cannot be determined. (c) The state board shall review and approve a timeline established pursuant to subdivision (b) as follows: (1) The state board shall review a community water system’s proposed timeline for lead user service line replacement and, within 30 days of submission of the timeline to the state board, do either of the following: (A) Approve the proposed timeline. (B) Deny the proposed timeline and propose a revised timeline to the community water system. The state board shall explain to the community water system, in writing, why the community water system’s timeline was not approved, the factors that the state board used to propose a revised timeline, and why the state board used those factors. (2) If the state board fails to act within 30 days of the submission of the timeline, the timeline shall be deemed approved. (3) If the public water system rejects the state board’s proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days. (4) An approved timeline or a compromise timeline shall be a public record and available on the state board’s Internet Web site. (5) In cases where a portion of a community water system’s distribution system is located within a Superfund site, as designated under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.), under an active cleanup order, the state board shall not propose a timeline for lead user service line replacement that does not conform to any applicable federal regulatory requirements or timelines. (Amended by Stats. 2017, Ch. 238, Sec. 1. (SB 427) Effective January 1, 2018.)
  122. 116890.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines several terms and gives the state board power to apply and enforce lead-material requirements against public and community water systems.

    ## 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 5. Water Equipment and Control [116775 - 116890] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Lead Materials [116875 - 116890] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116890. (a) For purposes of this article, the following definitions apply: (1) “Community water system” has the same meaning as in Section 116275. (2) “Public water system” has the same meaning as in Section 116275. (3) “State board” means the State Water Resources Control Board. (4) “User service line” has the same meaning as in Section 64551.60 of Title 22 of the California Code of Regulations. (b) The state board may apply the requirements of subdivision (a) of Section 116875 and Section 116885 to, and enforce the requirements of those provisions against, public water systems and community water systems under Chapter 4 (commencing with Section 116270). For purposes of Article 7 (commencing with Section 116525), Article 8 (commencing with Section 116625), and Article 9 (commencing with Section 116650) of Chapter 4, a violation of subdivision (a) of Section 116875 or Section 116885 by a public water system is a violation of Chapter 4 (commencing with Section 116270). (Added by Stats. 2017, Ch. 238, Sec. 2. (SB 427) Effective January 1, 2018.)
  123. 116900.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

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    This section says Chapter 6 may be known and cited as the Water Shutoff Protection Act.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116900. This chapter shall be known, and may be cited, as the Water Shutoff Protection Act. (Added by Stats. 2018, Ch. 891, Sec. 2. (SB 998) Effective January 1, 2019.)
  124. 116902.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

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    This section defines terms used in the chapter, including “Board,” “community water system,” “covered water system,” “residential service,” “urban and community water system,” and “urban water supplier.”

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116902. For the purposes of this chapter, the following definitions apply: (a) “Board” means the State Water Resources Control Board. (b) “Community water system” has the same meaning as defined in Section 116275. (c) “Covered water system” means a water system or supplier described in Section 116904. (d) “Residential service” means water service to a residential connection that includes single-family residences, multifamily residences, mobilehomes, including, but not limited to, mobilehomes in mobilehome parks, or farmworker housing. (e) “Urban and community water system” means a public water system, as defined in Section 116275, that supplies water to more than 200 service connections. (f) “Urban water supplier” has the same meaning as defined in Section 10617 of the Water Code. (Amended by Stats. 2023, Ch. 855, Sec. 2. (SB 3) Effective January 1, 2024.)
  125. 116904.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    Different categories of water systems must comply with this chapter on different dates, and one regulated system must also file advice letters with the Public Utilities Commission.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116904. (a) An urban water supplier not regulated by the Public Utilities Commission shall comply with this chapter on and after February 1, 2020. (b) An urban and community water system regulated by the Public Utilities Commission shall comply with this chapter on and after February 1, 2020. The urban and community water system regulated by the Public Utilities Commission shall file advice letters with the commission to conform to this chapter. (c) An urban and community water system not described in subdivision (a) or (b) shall comply with this chapter on and after April 1, 2020. (d) A community water system not described in subdivision (a), (b), or (c) shall comply with this chapter on and after August 1, 2024. (e) Subject to the availability of funding, the state board shall make funds available for providing training statewide to community water systems with between 15 and 200 service connections to assist in compliance with this chapter. (Amended by Stats. 2023, Ch. 855, Sec. 3. (SB 3) Effective January 1, 2024.)
  126. 116906.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    Covered water systems must have and publish a written policy on discontinuation or disconnection of residential service for nonpayment, with language requirements that vary by system size.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116906. (a) A covered water system that serves 200 or more service connections shall have a written policy on discontinuation of residential service for nonpayment available in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by at least 10 percent of the people residing in its service area. A covered water system that serves fewer than 200 service connections shall have a written policy on disconnection of residential service for nonpayment available in English, any language spoken by at least 10 percent of the people residing in its service area, and, upon request of a customer, any of the languages listed in Section 1632 of the Civil Code. Nothing in this section shall be construed to prevent a covered water system from making the policy available in any other language. The policy shall include all of the following: (1) A plan for deferred or reduced payments that is available for any customer regardless of whether they meet the conditions of subdivision (a) of Section 116910. The plan for deferred or reduced payments that is available to any customer regardless of whether they meet the conditions of subdivision (a) of Section 116910 is not required to reduce the total amount due for water service provided. (2) Alternative payment schedules that are available for any customer regardless of whether they meet the conditions of subdivision (a) of Section 116910. (3) A formal mechanism for a customer to contest or appeal a bill. (4) A telephone number for a customer to contact to discuss options for averting discontinuation of residential service for nonpayment. (b) The policy shall be available on the covered water system’s internet website, if an internet website exists. If an internet website does not exist, the covered water system shall provide the policy to customers in writing, upon request. (c) (1) The board may enforce the requirements of this section pursuant to Sections 116577, 116650, and 116655. The provisions of Section 116585 and Article 10 (commencing with Section 116700) of Chapter 4 apply to enforcement undertaken for a violation of this section. (2) All moneys collected pursuant to this subdivision shall be deposited in the Safe Drinking Water Account established pursuant to Section 116590. (Amended by Stats. 2023, Ch. 855, Sec. 4. (SB 3) Effective January 1, 2024.)
  127. 116908.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    A covered water system generally cannot shut off residential water service for nonpayment until the bill is at least 60 days delinquent, and it must give advance notice and contact the customer first.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116908. (a) (1) (A) A covered water system shall not discontinue residential service for nonpayment until a payment by a customer has been delinquent for at least 60 days. No fewer than seven business days before discontinuation of residential service for nonpayment, a covered water system shall contact the customer named on the account by telephone or written notice. (B) When the covered water system contacts the customer named on the account by telephone pursuant to subparagraph (A), it shall offer to provide in writing to the customer the covered water system’s policy on discontinuation of residential service for nonpayment. A covered water system shall offer to discuss options to avert discontinuation of residential service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal. (C) When the covered water system contacts the customer named on the account by written notice pursuant to subparagraph (A), the written notice of payment delinquency and impending discontinuation shall be mailed to the customer of the residence to which the residential service is provided. If the customer’s address is not the address of the property to which residential service is provided, the notice also shall be sent to the address of the property to which residential service is provided, addressed to “Occupant.” The notice shall include, but is not limited to, all of the following information in a clear and legible format: (i) The customer’s name and address. (ii) The amount of the delinquency. (iii) The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service. (iv) A description of the process to apply for an extension of time to pay the delinquent charges. (v) A description of the procedure to petition for bill review and appeal. (vi) A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential service charges, consistent with the written policies provided pursuant to subdivision (a) of Section 116906. (2) If the covered water system is unable to make contact with the customer or an adult occupying the residence by telephone, and written notice is returned through the mail as undeliverable, the covered water system shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service for nonpayment and the covered water system’s policy for discontinuation of residential service for nonpayment. (b) If an adult at the residence appeals the water bill to the covered water system or any other administrative or legal body to which that appeal may be lawfully taken, the covered water system shall not discontinue residential service while the appeal is pending. (Amended by Stats. 2023, Ch. 855, Sec. 5. (SB 3) Effective January 1, 2024.)
  128. 116910.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    A covered water system cannot shut off residential service for nonpayment when the listed hardship and certification 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 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116910. (a) A covered water system shall not discontinue residential service for nonpayment if all of the following conditions are met: (1) The customer, or a tenant of the customer, submits to the covered water system the certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided. (2) The customer demonstrates that they are financially unable to pay for residential service within the covered water system’s normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the covered water system’s normal billing cycle if any member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household’s annual income is less than 200 percent of the federal poverty level. (3) The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section 116906, with respect to all delinquent charges. (b) (1) If the conditions listed in subdivision (a) are met, the covered water system shall offer the customer one or more of the following options: (A) Amortization of the unpaid balance. (B) Participation in an alternative payment schedule. (C) A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers. (D) Temporary deferral of payment. (2) The covered water system may choose which of the payment options described in paragraph (1) the customer undertakes and may set the parameters of that payment option. Ordinarily, the repayment option offered should result in repayment of any remaining outstanding balance within 12 months. A covered water system may grant a longer repayment period if it finds the longer period is necessary to avoid undue hardship to the customer based on the circumstances of the individual case. (3) Residential service may be discontinued no sooner than five business days after the covered water system posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances: (A) The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for 60 days or more. (B) While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay their current residential service charges for 60 days or more. (Amended by Stats. 2023, Ch. 855, Sec. 6. (SB 3) Effective January 1, 2024.)
  129. 116912.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    If a covered water system stops residential service for nonpayment, it must give the customer information on how to restore service.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116912. A covered water system that discontinues residential service for nonpayment shall provide the customer with information on how to restore residential service. (Amended by Stats. 2023, Ch. 855, Sec. 7. (SB 3) Effective January 1, 2024.)
  130. 116914.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    Covered water systems must give qualifying low-income residential customers reduced reconnection fees and waive delinquent-bill interest once every 12 months.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116914. (a) For a residential customer who demonstrates to a covered water system household income below 200 percent of the federal poverty line, the covered water system shall do both of the following: (1) Set a reconnection of service fee for reconnection during normal operating hours at fifty dollars ($50), but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours, a covered water system shall set a reconnection of service fee at one hundred fifty dollars ($150), but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. (2) Waive interest charges on delinquent bills once every 12 months. (b) A covered water system shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household’s annual income is less than 200 percent of the federal poverty level. (Amended by Stats. 2023, Ch. 855, Sec. 8. (SB 3) Effective January 1, 2024.)
  131. 116916.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

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    A covered water system must give residential occupants written notice before terminating service in certain landlord-tenant situations, and eligible occupants may become customers instead of paying the delinquent account.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116916. (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling. (b) If a covered water system furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in Section 17008, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the covered water system shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least 10 days prior to the termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount that may be due on the delinquent account. (c) The covered water system is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of law and the covered water system’s rules and tariffs. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the covered water system, or if there is a physical means legally available to the covered water system of selectively terminating service to those residential occupants who have not met the requirements of the covered water system’s rules and tariffs, the covered water system shall make service available to those residential occupants who have met those requirements. (d) If prior service for a period of time is a condition for establishing credit with the covered water system, residence and proof of prompt payment of rent or other credit obligation acceptable to the covered water system for that period of time is a satisfactory equivalent. (e) Any residential occupant who becomes a customer of the covered water system pursuant to this section whose periodic payments, such as rental payments, include charges for residential water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the covered water system for those services during the preceding payment period. (f) In the case of a detached single-family dwelling, the covered water system may do any of the following: (1) Give notice of termination at least seven days prior to the proposed termination. (2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code. (Amended by Stats. 2023, Ch. 855, Sec. 9. (SB 3) Effective January 1, 2024.)
  132. 116918.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    A covered water system must report annual residential service discontinuations for inability to pay on its website, if it has one, and to the board; the board must post the reported information on its website.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116918. A covered water system shall report the number of annual discontinuations of residential service for inability to pay on the covered water system’s internet website, if an internet website exists, and to the board. The board shall post on its internet website the information reported. (Amended by Stats. 2023, Ch. 855, Sec. 10. (SB 3) Effective January 1, 2024.)
  133. 116920.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    The Attorney General, and in some cases the Public Utilities Commission, may sue in state court to stop unlawful practices and, for the Attorney General, to restore money or property.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116920. (a) The Attorney General, at the request of the board or upon the Attorney General’s own motion, may bring an action in state court to do either of the following: (1) Restrain by temporary or permanent injunction the use of any method, act, or practice declared in this chapter to be unlawful. (2) Restore to any person in interest any money or real property acquired by any method, act, or practice declared by this chapter to be unlawful. (b) For a covered water system regulated by the Public Utilities Commission, the commission may bring an action in state court to restrain by temporary or permanent injunction the use by a covered water system regulated by the commission of any method, act, or practice declared in this chapter to be unlawful. (c) Nothing in this section provides public water systems with authorities not otherwise provided to those systems by law. (Amended by Stats. 2024, Ch. 411, Sec. 3. (AB 2599) Effective January 1, 2025.)
  134. 116922.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    Written notices required under this chapter must be provided in English, the Civil Code Section 1632 languages, and any other language spoken by 10% or more of customers in the covered water system service area.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116922. All written notices required under this chapter shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the covered water system’s service area. (Amended by Stats. 2023, Ch. 855, Sec. 12. (SB 3) Effective January 1, 2024.)
  135. 116924.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    This section says that if existing law repeats this chapter, following either one counts as compliance; if the two conflict, this chapter controls.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116924. Where provisions of existing law are duplicative of this chapter, compliance with one shall be deemed compliance with the other. Where those provisions are inconsistent, the provisions of this chapter shall apply. Nothing in this chapter shall be construed to limit or restrict the procedural safeguards against the disconnection of residential water service existing as of December 31, 2018. (Added by Stats. 2018, Ch. 891, Sec. 2. (SB 998) Effective January 1, 2019.)
  136. 116926.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. )

    Verify source ↗

    This chapter does not apply when a covered water system terminates a service connection because of a customer’s unauthorized action.

    ## 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 6. Discontinuation of Residential Water Service [116900 - 116926] ( Chapter 6 added by Stats. 2018, Ch. 891, Sec. 2. ) ## 116926. This chapter does not apply to the termination of a service connection by a covered water system due to an unauthorized action of a customer. (Amended by Stats. 2023, Ch. 855, Sec. 13. (SB 3) Effective January 1, 2024.)
  137. 116975.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    No person may put dead animal carcasses or slaughter offal into rivers, creeks, ponds, reservoirs, or streams.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116975. No person shall put the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop, into any river, creek, pond, reservoir, or stream. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  138. 116980.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    No person may place certain waste or carcasses near specified water sources if drainage could enter the 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116980. No person shall put any water closet, privy, cesspool or septic tank, or the carcass of any dead animal, or any offal of any kind, in, or upon the borders of, any stream, pond, lake, or reservoir from which water is drawn for the supply of any portion of the inhabitants of this state, in a manner that the drainage of the water closet, privy, cesspool or septic tank, or carcass, or offal may be taken up by or in the water. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  139. 116985.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not keep certain waste or animal remains along the banks of specified water bodies on land they own or occupy if drainage could enter the water and that water is used to supply residents of the state.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116985. No person shall allow any water closet, privy, cesspool, or septic tank, or carcass of any dead animal, or any offal of any kind, to remain in or upon the borders of any stream, pond, lake, or reservoir within the boundaries of any land owned or occupied by him or her, in a manner that the drainage from the water closet, privy, cesspool or septic tank, or carcass, or offal, may be taken up by or in the stream, pond, lake, or reservoir, if water is drawn therefrom for the supply of any portion of the inhabitants of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  140. 116990.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    No person may keep livestock near certain waters in a way that pollutes the water, when that water is used to supply any part of the state’s inhabitants.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116990. No person shall keep any horses, mules, cattle, swine, sheep, or live stock of any kind, penned, corralled, or housed on, over, or on the borders of any stream, pond, lake, or reservoir, in a manner that the waters become polluted, if water is drawn therefrom for the supply of any portion of the inhabitants of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  141. 116995.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    No person may cause or allow livestock or domestic animals to pollute drinking water or its tributaries.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116995. No person shall cause or permit any horses, cattle, sheep, swine, poultry, or any kind of live stock or domestic animals, to pollute the waters, or tributaries of waters, used or intended for drinking purposes by any portion of the inhabitants of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  142. 11700.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    This section says the division is known as the Drug Dealer Liability Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11700. This division shall be known and may be cited as the Drug Dealer Liability Act. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  143. 117000.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    No person may bathe in, or otherwise foul or pollute, certain water supply streams, ponds, lakes, or reservoirs, except as permitted by law.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117000. No person shall bathe, except as permitted by law, in any stream, pond, lake, or reservoir from which water is drawn for the supply of any portion of the inhabitants of this state, or by any other means foul or pollute the waters of any such stream, pond, lake, or reservoir. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  144. 117005.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says the article does not prevent grazing of livestock in stream or watershed areas if that grazing would not make the water unsafe or harmful to public health.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117005. Nothing in this article shall be held to prevent the grazing of livestock in areas embracing any stream or watershed where the grazing would not tend to render the waters unwholesome or injurious to the public health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  145. 11701.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    This section says the division exists to let people harmed by illegal controlled substances recover civil damages from those who helped market them.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11701. The purpose of this division is to provide a civil remedy for damages to persons in a community injured as a result of the use of an illegal controlled substance. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance programs, as well as infants injured as a result of exposure to controlled substances in utero (“drug babies”). This division will enable them to recover damages from those persons in the community who have joined the marketing of illegal controlled substances. A further purpose of this division is to shift, to the extent possible, the cost of the damage caused by the existence of the market for illegal controlled substances in a community to those who illegally profit from that market. The further purpose of this division is to establish the prospect of substantial monetary loss as a deterrent to those who have not yet entered into the distribution market for illegal controlled substances. The further purpose is to establish an incentive for users of illegal controlled substances to identify and seek payment for their own treatment from those dealers who have sold illegal controlled substances to the user in the past. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  146. 117010.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People must not wash clothes in drinking water sources covered by this 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117010. Every person who washes clothes in any spring, stream, river, lake, reservoir, well, or other waters that are used or intended for drinking purposes by the inhabitants of the vicinage or of any city, county, or town, of this state, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than 90 days, or a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. Each day’s violation of this section is a separate offense. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  147. 117015.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who violates or fails to follow a sanitary rule, order, or regulation issued by the department to prevent pollution of certain waters 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117015. Every person who violates, or refuses or neglects to conform to, any sanitary rule, order, or regulation prescribed by the department for the prevention of the pollution of springs, streams, rivers, lakes, wells, or other waters used or intended to be used for human or animal consumption, is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  148. 11702.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

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    This section states the Legislature’s findings that civil liability under this division should be used to help address harm from illegal controlled substances.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11702. The Legislature finds and declares all of the following: (a) Although the criminal justice system is an important weapon against the marketing of illegal controlled substances, the civil justice system can and must also be used. The civil justice system can provide an avenue of compensation for those who have suffered harm as a result of the marketing and distribution of illegal controlled substances. The persons who have joined the marketing of illegal controlled substances should bear the cost of the harm caused by that market in the community. (b) The threat of liability under this division serves as an additional deterrent to a recognizable segment of the network for illegal controlled substances. A person who has assets unrelated to the sale of illegal controlled substances, who markets illegal controlled substances at the workplace, who encourages friends to become users, among others, is likely to decide that the added cost of entering the market is not worth the benefit. This is particularly true for a first-time, casual dealer who has not yet made substantial profits. This division provides a mechanism for the cost of the injury caused by illegal drug use to be borne by those who benefit from illegal drug dealing. (c) This division imposes liability against all participants in the marketing of illegal controlled substances, including small dealers, particularly those in the workplace, who are not usually the focus of criminal investigations. The small dealers increase the number of users and are the people who become large dealers. These small dealers are most likely to be deterred by the threat of liability. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  149. 117020.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person must not construct, maintain, or use certain waste wells unless doing so under the specified Water Code 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117020. No person shall construct, maintain, or use any waste well extending to or into a subterranean water-bearing stratum that is used or intended to be used as, or is suitable for, a source of water supply for domestic purposes, except pursuant to Article 6 (commencing with Section 13540) of Chapter 7, Division 7 of the Water Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  150. 117025.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The owner, tenant, lessee, occupant, or agent must not moor or allow a houseboat or similar dwelling boat to be moored in certain drinking-water rivers or streams within two miles above a city, town, or village water intake.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117025. It is unlawful for the owner, tenant, lessee, or occupant of any houseboat or boat intended for or capable of being used as a residence, house, dwelling, or habitation, or agent of the owner, tenant, lessee, or occupant to moor or anchor it or permit it to be moored or anchored in or on any river or stream, the waters of which are used for drinking or domestic purposes by any city, town, or village, within a distance of two miles above the intake or place where the city, town, or village water system takes water from the river or stream. This section does not apply to the mooring or anchoring of a houseboat when necessary, during transportation, for a period of not longer than one day. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  151. 11703.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the Drug Dealer Liability Act, including kinds of illegal drug marketing, offense levels, and location terms.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11703. As used in this division: (a) “Marketing of illegal controlled substances” means the possession for sale, sale, or distribution of a specified illegal controlled substance, and shall include all aspects of making such a controlled substance available, including, but not limited to, its manufacture. (b) “Individual user of an illegal controlled substance” means the individual whose use of a specified illegal controlled substance is the basis of an action brought under this division. (c) “Level 1 offense” means the possession for sale of less than four ounces or the sale or furnishing of less than one ounce of a specified illegal controlled substance, or the cultivation of at least 25 plants but less than 50 plants, the furnishing of more than 28.5 grams, or the possession for sale or sale of up to four pounds, of marijuana. (d) “Level 2 offense” means the possession for sale of four ounces or more but less than eight ounces of, or the sale or furnishing of one ounce or more but less than two ounces of, a specified illegal controlled substance, or the cultivation of at least 50 but less than 75 plants, the possession for sale of four pounds or more but less than eight pounds, or the sale or furnishing of more than one pound but less than five pounds, of marijuana. (e) “Level 3 offense” means the possession for sale of eight ounces or more but less than 16 ounces of, or the sale or furnishing of two ounces or more but less than four ounces of, a specified illegal controlled substance, or the cultivation of at least 75 but less than 100 plants, the possession for sale of eight pounds or more but less than 16 pounds, or the sale or furnishing of more than five pounds but less than 10 pounds, of marijuana. (f) “Level 4 offense” means the possession for sale of 16 ounces or more of, or the sale or furnishing of four ounces or more of, a specified illegal controlled substance, or the cultivation of 100 plants or more of, the possession for sale of 16 pounds of, or the sale or furnishing of more than 10 pounds of, marijuana. (g) “Participate in the marketing of illegal controlled substances” means to transport, import into this state, sell, possess with intent to sell, furnish, administer, or give away, or offer to transport, import into this state, sell, furnish, administer, or give away a specified illegal controlled substance. “Participate in the marketing of illegal controlled substances” shall include the manufacturing of an illegal controlled substance, but shall not include the purchase or receipt of an illegal controlled substance for personal use only. (h) “Person” means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. (i) “Period of illegal use” means, in relation to the individual user of an illegal controlled substance, the time of the individual’s first illegal use of an illegal controlled substance to the accrual of the cause of action. (j) “Place of illegal activity” means, in relation to the individual user of an illegal controlled substance, each county in which the individual illegally possesses or uses an illegal controlled substance during the period of the individual’s use of an illegal controlled substance. (k) “Place of participation” means, in relation to a defendant in an action brought under this division, each county in which the person participates in the marketing of illegal controlled substances during the period of the person’s participation in the marketing of illegal controlled substances. (l) “Specified illegal controlled substance” means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled substance the manufacture, cultivation, importation into this state, transportation, possession for sale, sale, furnishing, administering, or giving away of which is a violation of Section 11351, 11351.5, 11352, 11358, 11359, 11360, 11378.5, 11379.5, or 11383. (Amended by Stats. 2005, Ch. 88, Sec. 1. Effective January 1, 2006.)
  152. 117030.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A court may enjoin a violation of this article if the suit is brought by an affected water user or by 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 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117030. Violation of this article may be enjoined by any court of competent jurisdiction at the suit of any person whose supply of water for human or animal consumption or for domestic purposes is or may be affected, or by the state department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  153. 117035.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violations of this article are treated as a public nuisance dangerous to health and may be summarily abated.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117035. Anything done, maintained, or suffered, in violation of any of the provisions of this article is a public nuisance, dangerous to health, and may be summarily abated as such. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  154. 11704.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

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    A person who knowingly markets illegal controlled substances in the state is liable for civil damages. A recovery rule also allows damages for injury from an individual’s use of an illegal controlled substance, and law enforcement, the state, and directed agents are exempt when acting in furtherance of an official investigation.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11704. (a) A person who knowingly participates in the marketing of illegal controlled substances within this state is liable for civil damages as provided in this division. A person may recover damages under this division for injury resulting from an individual’s use of an illegal controlled substance. (b) A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the marketing of illegal controlled substances, if the participation is in furtherance of an official investigation. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  155. 117040.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A public agency, city, city and county, or district that owns or operates a drinking-water or domestic-water reservoir may open all or part of the reservoir and surrounding land to public fishing.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117040. A city, city and county, district or other public agency, owning or operating a reservoir used for domestic or drinking water purposes, may open to public fishing all or any part of the reservoir and its surrounding land. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  156. 117045.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Before opening a reservoir and surrounding land to public fishing, the owning or operating public agency must decide the fishing will not harm drinking or domestic water purity and safety, and must get a valid water supply permit from 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117045. Before the reservoir and its surrounding land are opened to public fishing the public agency owning or operating the reservoir shall determine that the public fishing will not affect the purity and safety for drinking and domestic purposes of the water collected in the reservoir, and shall obtain from the department a valid water supply permit setting forth the terms and conditions upon which public fishing may be conducted in the reservoir and on its surrounding land. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  157. 11705.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    This section lets certain people sue for damages caused by someone’s use of an illegal controlled substance, and it bars public agencies from having such a cause of action except a public agency medical facility.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11705. (a) Any one or more of the following persons may bring an action for damages caused by an individual’s use of an illegal controlled substance: (1) A parent, legal guardian, child, spouse, or sibling of the individual controlled substance user. (2) An individual who was exposed to an illegal controlled substance in utero. (3) An employer of the individual user of an illegal controlled substance. (4) A medical facility, insurer, employer, or other nongovernmental entity that funds a drug treatment program or employee assistance program for the individual user of an illegal controlled substance or that otherwise expended money on behalf of the individual user of an illegal controlled substance. No public agency other than a public agency medical facility shall have a cause of action under this division. (5) A person injured as a result of the willful, reckless, or negligent actions of an individual user of an illegal controlled substance. (b) A person entitled to bring an action under this section may seek damages from one or more of the following: (1) A person who sold, administered, or furnished an illegal controlled substance to the individual user of the illegal controlled substance. (2) A person who knowingly participated in the marketing of illegal controlled substances, if all of the following apply: (A) The place of illegal activity by the individual user of an illegal controlled substance is within the city, city and county, or unincorporated area of the county in which the defendant’s place of participation is situated. (B) The defendant’s participation in the marketing of illegal controlled substances was connected with the same type of specified illegal controlled substance used by the individual user of an illegal controlled substance, and the defendant has been convicted of an offense for that type of specified illegal controlled substance. (C) The defendant participated in the marketing of illegal controlled substances at any time during the period the individual user of an illegal controlled substance illegally used the controlled substance. (D) The underlying offense for the conviction of the specified illegal controlled substance occurred in the same county as the individual user’s place of use. (c) As used in subdivision (b), knowingly participated in the marketing of illegal controlled substances” means a conviction for transporting, importing into this state, selling, possessing with intent to sell, furnishing, administering, or giving away, or offering to transport, import into this state, sell, furnish, administer, or give away a specified illegal controlled substance or a quantity of marijuana specified in subdivision (e), (f), (g), or (h) of Section 11703, which are separate in time. (d) A person entitled to bring an action under this section may recover all of the following damages: (1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the use of an illegal controlled substance. (2) Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, medical anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual’s use of an illegal controlled substance. (3) Exemplary damages. (4) Reasonable attorney fees. (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  158. 117050.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Public fishing is prohibited in certain reservoirs and surrounding land when the reservoir serves drinking or domestic water supply functions without full purification 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117050. Public fishing shall not be conducted in a reservoir or on its surrounding land if the reservoir is used as a regulating reservoir to meet daily or peak consumption demands and as a terminal reservoir to a water collecting facility and as a distribution reservoir from which water may be supplied for drinking or domestic purposes without full purification treatment after withdrawal from the reservoir. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  159. 117055.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may permit public fishing on terminal reservoirs only when water quality protections are adequate and fishing will not significantly affect water quality; it may also close a terminal water supply reservoir to public angling in an emergency if public use threatens 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117055. The department may allow public fishing on any terminal reservoir if it finds that adequate means are being used to protect drinking water quality and that public fishing will have no significant effect on water quality. The department shall examine all feasible means of protecting water quality on terminal reservoirs and other reservoirs where public fishing may be allowed. The department may close any terminal water supply reservoir to public angling on an emergency basis, if water quality is threatened by public use. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  160. 11706.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    This section generally bars an individual user of an illegal controlled substance from suing for damages, but allows the action if specific disclosure and sobriety conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11706. (a) An individual user of an illegal controlled substance may not bring an action for damages caused by the use of an illegal controlled substance, except as otherwise provided in this section. An individual user of an illegal controlled substance may bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met: (1) The individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding all that individual’s sources of illegal controlled substances. (2) The individual has not used an illegal controlled substance within the 30 days before filing the action. (3) The individual continues to remain free of the use of an illegal controlled substance throughout the pendency of the action. (b) A person entitled to bring an action under this section may seek damages only from a person who manufactured, transported, imported into this state, sold, possessed with intent to sell, furnished, administered, or gave away the specified illegal controlled substance actually used by the individual user of an illegal controlled substance. (c) A person entitled to bring an action under this section may recover only the following damages: (1) Economic damages, including, but not limited to, the cost of treatment, rehabilitation and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person’s use of an illegal controlled substance. (2) Reasonable attorney fees. (3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony. (Amended by Stats. 2005, Ch. 88, Sec. 2. Effective January 1, 2006.)
  161. 117060.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A public agency that owns or operates a reservoir may charge fees, make contracts, and adopt and enforce rules for public fishing and reservoir operations.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117060. The public agency owning or operating the reservoir may establish and collect fees, including charges for motor vehicle parking, for the construction and operation of structures, facilities and equipment and the operation and use of the reservoir and its surrounding lands for public fishing. The public agency may contract with any agency or department of the federal government or the state, with other public agencies or with private individuals for the construction, operation and use of structures, facilities and equipment and the performance of services necessary or convenient to public fishing in the reservoir and on its surrounding land, including the rental, lease or permission to use portions of the reservoir and its surrounding lands for structures, facilities and equipment necessary or convenient for the use of the public. The public agency may establish and enforce all rules and regulations necessary or convenient to the conducting of public fishing on the reservoir and its surrounding land and for the control, operation and protection of the reservoir, its surrounding land and all structures, facilities and equipment in connection with the reservoir. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  162. 117065.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A public agency must post and publish the rules and regulations for the reservoir area, and if it amends them, it must also publish a summary with an internet address and physical location for viewing the full text.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117065. The public agency shall cause a copy of the rules and regulations to be posted upon the area opened to public fishing and other recreational uses, and it shall cause the rules and regulations to be published at least once in a newspaper of general circulation published in the county in which the reservoir is in whole or in part situated, if there be a newspaper, otherwise in a newspaper of general circulation published within the area of the public agency. If a public agency amends its rules and regulations, the public agency shall similarly publish a summary of its amended rules and regulations, along with an Internet address and the physical location where the complete text of the amended rules and regulations may be viewed. Posting and publication shall be sufficient notice to all persons. The affidavit of the secretary, clerk, or corresponding officer of the public agency that the rules and regulations have been so posted and published is prima facie evidence thereof. A copy of the rules and regulations, attested by the secretary, clerk, or corresponding officer of the public agency shall be prima facie evidence that the regulations have been made by the public agency as provided by law. (Amended by Stats. 2010, Ch. 699, Sec. 30. (SB 894) Effective January 1, 2011.)
  163. 11707.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    A third party must not pay damages, provide a defense, or fund a defense for an insured under certain insurance or indemnification contracts, and causes of action under this division may not be assigned to public or publicly funded agencies or institutions.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11707. (a) A third party shall not pay damages awarded under this division, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification. (b) A cause of action authorized pursuant to this division may not be assigned, either expressly, by subrogation, or by any other means, directly or indirectly, to any public or publicly funded agency or institution. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  164. 117070.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating a rule or regulation lawfully made by the public agency is a misdemeanor, and prosecutions for those violations may be tried in the superior court of the county where the reservoir lies in whole or in part.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117070. Any violation of any rule or regulation lawfully made by the public agency is a misdemeanor. The superior court of the county within which the reservoir lies in whole or in part is a proper place for trial of all prosecutions for violations of any rules and regulations adopted by the public agency. (Amended by Stats. 2003, Ch. 449, Sec. 28. Effective January 1, 2004.)
  165. 117075.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Sections 117040 to 117070 do not apply to certain reservoirs used for domestic or drinking water if they were open to fishing or recreational uses on September 11, 1957, or before then.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Supply Provisions [116975 - 117075] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117075. Sections 117040 to 117070, inclusive, shall not apply to reservoirs used for domestic or drinking water purposes that are open to fishing or recreational uses on September 11, 1957, or that have been open to fishing or recreational uses prior to that date. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  166. 11708.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    A person involved in marketing illegal controlled substances is rebuttably presumed responsible for a stated share of damages, depending on whether the offense is level 1, 2, 3, or 4.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11708. A person, whose participation in the marketing of illegal controlled substances constitutes the following level offense, shall be rebuttably presumed to be responsible in the following amounts: (a) For a level 1 offense, 25 percent of the damages. (b) For a level 2 offense, 50 percent of the damages. (c) For a level 3 offense, 75 percent of the damages. (d) For a level 4 offense, 100 percent of the damages. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  167. 117080.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “governmental agency,” “body of water,” and “owned” for use in 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117080. “Governmental agency,” as used in this article, includes a city, city and county, and district, but does not include a chartered city or city and county. “Body of water” means a reservoir or lake. “Owned” means owned or controlled. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  168. 117085.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A county board of supervisors may ask a water-owning governmental agency to open the water and surrounding land for public fishing and recreation, and if a coordinated plan is funded the agency must prepare it, finish it promptly, refund any unused deposit, and then apply to amend its water supply permit.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117085. The board of supervisors of any county wherein is located a body of water owned by a governmental agency, that is used to supply water for human consumption may by resolution request the governmental agency owning the body of water to open the body of water to public fishing and the surrounding land area for other recreational use. The governmental agency owning the body of water shall thereupon make and file with said board of supervisors an estimate of the cost of preparing a coordinated plan for public fishing in said body of water and other recreational uses in the surrounding land area. The board of supervisors thereupon may deposit with the governmental agency owning the body of water the amount of the estimate not exceeding two thousand five hundred dollars ($2,500), and the governmental agency owning said body of water thereupon shall proceed promptly with and complete the coordinated plan. In event the cost of preparing the plan shall be less than the amount deposited by the board of supervisors, the excess shall be repaid by the governmental agency owning the body of water to the board of supervisors that made the deposit. The plan may provide for development of the area by stages and may exclude from public access structures, facilities or works of the agency necessary in supplying water for human consumption and the portions of the body of water and surrounding land area as may be reasonably required for the protection, maintenance or operation of the structures, facilities, or works. The plan may exclude portions of the surrounding area as are unsuitable for public recreational use. The coordinated plan may also include an estimate of the cost of the capital improvements necessary or convenient for public fishing and recreational uses, an estimate of the annual cost of maintenance and operation of the plan, and a recommendation as to the manner in which the plan may be financed. After completion of the coordinated plan the governmental agency shall promptly make application to the department for an amendment to its water supply permit, that would allow the opening of the body of water to public fishing and the surrounding land area for other recreational use pursuant to the coordinated plan. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  169. 11709.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    This section lets certain plaintiffs join one action if their claims share at least one illegal controlled-substances market and their use periods overlap, and lets liable persons be joined as defendants. It also says parties do not have to participate in every part of the requested relief.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11709. (a) Two or more persons may join in one action under this division as plaintiffs if their respective actions have at least one market for illegal controlled substances in common and if any portion of the period of use of an illegal controlled substance overlaps with the period of use of an illegal controlled substance for every other plaintiff. (b) Two or more persons may be joined in one action under this division as defendants if those persons are liable to at least one plaintiff. (c) A plaintiff need not participate in obtaining and a defendant need not participate in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  170. 117090.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the agency does not allow the use after receiving the amended permit, it must put the question to a vote at the next applicable election. If voters approve, the public agency must allow public fishing and other recreational uses under the amended permit.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117090. Upon receipt of the amended permit, if the agency does not allow such use, it shall call for a vote of its constituents at the next statewide primary election or general election, or if the agency is a municipal corporation at the next general municipal election, to determine whether or not the use shall be allowed and if a majority vote is in favor the public agency shall allow public fishing in the body of water and other recreational uses in the surrounding area in compliance with the amended permit. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  171. 117095.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Fishing or other recreational uses are not permitted in a secondary reservoir used to supply domestic water unless the water is purified after withdrawal.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117095. Nothing herein contained shall permit or require fishing or other recreational uses in a secondary reservoir from which water is supplied for domestic use without purification treatment after withdrawal from said reservoir. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  172. 11710.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    In an action by an individual user of an illegal controlled substance, comparative responsibility applies; it can reduce compensatory damages but does not bar recovery.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11710. (a) An action by an individual user of an illegal controlled substance is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff. (b) The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence. (c) Comparative responsibility shall not be attributed to a plaintiff who is not an individual user of a controlled substance, unless that plaintiff willfully and knowingly gave the individual user money for the purchase of the illegal controlled substance. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  173. 117100.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The ballot for an election under Section 117090 must include required instructions and a fishing/recreation proposition; if a bond issue is needed, it must also include a bonded-indebtedness proposition.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117100. The ballot for the election authorized by Section 117090 shall contain the instructions required by law to be printed thereon and in addition thereto the following: Shall the (insert name of governmental agency) allow fishing in the (name of body of water) and other recreational uses in the surrounding area subject to the regulations of the State Department of Health Services? YES NO If the governmental agency concludes that a bond issue is required to pay for the capital improvements included in the coordinated plan as approved by the amended permit, there shall also be printed on the ballot, immediately following the ballot proposition aforesaid, the following proposition to be voted on by the constituents of the governmental agency: Shall the (insert name of governmental agency) incur a bonded indebtedness in the principal amount of $____ for providing the capital improvements for fishing in the (name of body of water) and other recreational uses in the surrounding land area, subject to the regulations of the State Department of Health Services? YES NO (Amended by Stats. 2006, Ch. 538, Sec. 437. Effective January 1, 2007.)
  174. 117105.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A governmental agency owning a body of water may charge fees and parking charges, contract for services, rent or lease part or all of the area, and make/enforce regulations for public fishing and other recreational uses. The department must make recurring inspections of approved recreational areas to protect drinking water purity.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117105. The governmental agency owning the body of water may fix and collect fees, including charges for motor vehicle parking, for the construction of facilities, operation, and use of the area opened for public fishing and other recreational uses. The governmental agency shall have the power to contract with others for the rendering of any or all of the services required in connection with the operation of the area including the right to rent or lease the whole or any part of the area to provide necessary or convenient facilities for the use of the public. The governmental agency shall have the power to make and enforce regulations that it may find necessary or convenient for proper control of the areas opened to public fishing and other recreational uses. The department shall make recurring inspections of all recreational areas approved under this article to ensure the continued purity of drinking water. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  175. 11711.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    A liable person has a right to seek contribution from another liable person, and contribution can be enforced in the original case or in a separate case.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11711. A person subject to liability under this division has a right of action for contribution against another person subject to liability under this division. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this division and other laws against a person whom a defendant has asserted a right of contribution. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  176. 117110.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The governmental agency must post and publish the rules and regulations in the specified places.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117110. The governmental agency shall cause a copy of the rules and regulations to be posted upon the area opened to public fishing and other recreational uses, and it shall cause the rules and regulations to be published at least once in a newspaper of general circulation published in the county in which the reservoir is in whole or in part situated, if there be such a newspaper, otherwise in a newspaper of general circulation published within the area of the governmental agency. The posting and publication shall be sufficient notice to all persons. The affidavit of the secretary, clerk, or corresponding officer of the governmental agency that the rules and regulations have been so posted and published is prima facie evidence thereof. A copy of the rules and regulations, attested by the secretary, clerk, or corresponding officer of the governmental agency shall be prima facie evidence that the rules and regulations have been made by the governmental agency as provided by law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  177. 117115.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The governmental agency owning the body of water may use other authorized financing methods, and it does not have to set fees that are unreasonably high.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117115. As far as possible the development and operation of the recreational uses authorized by this article shall be financed out of the revenues authorized by this article; provided, however, that the governmental agency owning the body of water is not required to fix fees that are unreasonably high and in its discretion may make use of any means of financing that it is otherwise authorized to use for any purpose. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  178. 11712.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    In actions under this division, liability must be proved by clear and convincing evidence, while other elements are generally proved by a preponderance of the evidence. A qualifying criminal conviction can estop a defendant from denying participation in the illegal controlled-substances market and can also serve as prima facie evidence of participation in marketing the same type of substance; the absence of a conviction does not bar an action.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11712. (a) Proof of liability in an action brought under this division shall be shown by clear and convincing evidence. Except as otherwise provided in this division, other elements of the cause of action shall be shown by a preponderance of the evidence. (b) (1) A person against whom recovery is sought who has a criminal conviction pursuant to state laws prohibiting the illegal sale of controlled substances or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84 Stats. 1236, codified at 21 U.S.C. Sec. 801 et seq.), is estopped from denying participation in the illegal market for controlled substances. Except as provided in paragraph (2), this subdivision does not affect the plaintiff’s burden of proving subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (b) of Section 11705. (2) Such a conviction is also prima facie evidence of the person’s participation in the marketing of a specified illegal controlled substance used by the individual user where that conviction was based upon the person’s marketing of that same type of illegal controlled substance. (c) The absence of a criminal conviction of a person pursuant to subdivision (b) against whom recovery is sought does not bar an action against that person in an action pursuant to paragraph (1) of subdivision (b) of Section 11705, or Section 11706.. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  179. 117120.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating a rule or regulation lawfully made by the governmental agency 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 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117120. Any violation of any rule or regulation lawfully made by the governmental agency is a misdemeanor. The superior court of the county within which the reservoir lies in whole or in part is a proper place for trial of all prosecutions for violations of any rules and regulations adopted by the governmental agency. (Amended by Stats. 2003, Ch. 449, Sec. 29. Effective January 1, 2004.)
  180. 117125.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Department of Fish and Wildlife may stock fish in any body of water opened to public fishing under this article, despite any other law.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Additional Water Supply Provisions [117080 - 117125] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117125. Notwithstanding any other law, the Department of Fish and Wildlife may stock with fish any body of water opened to public fishing pursuant to this article. (Amended by Stats. 2015, Ch. 673, Sec. 19. (AB 1531) Effective January 1, 2016.)
  181. 11713.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    A plaintiff under this division may request an ex parte prejudgment attachment order from the court against a defendant’s assets, subject to subdivision (c).

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11713. (a) A plaintiff under this division, subject to subdivision (c), may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. (b) Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure shall apply to any request under this subdivision. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  182. 117130.

    ## 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 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Punishment or Violations [117130- 117130.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A violation of any provision in this chapter 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 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Water Supply [116975 - 117130] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Punishment or Violations [117130- 117130.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117130. Violation of any provision of this chapter is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  183. 11714.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    A claim under this division generally must be filed within one year after the defendant furnishes the illegal controlled substance.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11714. (a) Except as otherwise provided in this section, a claim under this division shall not be brought more than one year after the defendant furnishes the specified illegal controlled substance. A cause of action accrues under this division when a person who may recover has reason to know of the harm from use of an illegal controlled substance that is the basis for the cause of action and has reason to know that the use of an illegal controlled substance is the cause of the harm. (b) For a defendant, the statute of limitations under this section does not expire until one year after the individual potential defendant is convicted of a criminal offense involving an illegal controlled substance or as otherwise provided by law. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  184. 11715.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    If a governmental agency involved in an investigation or prosecution about an illegal controlled substance moves for a stay, the action under this division must be stayed until that criminal investigation or prosecution finishes.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11715. On motion by a governmental agency involved in an investigation or prosecution involving an illegal controlled substance, an action brought under this division shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  185. 11716.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    No cause of action arises for acts that occurred before this division’s effective date.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11716. No cause of action shall arise based on any act by a defendant which occurred prior to the effective date of this division. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  186. 11717.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. )

    Verify source ↗

    If part of this division is held invalid, the rest of the division still remains in effect.

    ## Health and Safety Code - HSC ## DIVISION 10.2. DRUG DEALER LIABILITY ACT [11700 - 11717] ( Division 10.2 added by Stats. 1996, Ch. 867, Sec. 1. ) ## 11717. If any provision of this division or the application of any provision to any person or circumstance is held invalid, the remainder of this division and the application of such provision to any other person or circumstance shall not be affected by that invalidation. (Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
  187. 117400.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This article does not apply to listed local, state, or federal governmental bodies when the work involves cleaning certain owned-and-operated septic or sewage facilities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117400. This article shall not apply to any city, town, county, sanitary district, sanitation district, sewer maintenance district or to any agency or institution of the state or the federal government by reason of the cleaning of septic tanks, chemical toilets, cesspools, sewage seepage pits or sewage works that are owned and operated by any of these governmental agencies or institutions. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  188. 117405.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person or firm may not clean septic tanks and related waste systems, or dispose of the cleanings, in a city or county unless it has an unrevoked registration from the local health officer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117405. It is unlawful for any person or firm to carry on or engage in the business of the cleaning of septic tanks, chemical toilets, cesspools or sewage seepage pits or to dispose of the cleanings therefrom in any city, town, county, or city and county unless he or she or it shall hold an unrevoked registration issued by the local health officer or his or her duly authorized representative of the city, town, county, or city and county for the carrying on of the business. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  189. 117410.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Some people and firms need an unrevoked registration before cleaning septic tanks, chemical toilets, cesspools, or sewage seepage pits, or handling the cleanings.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117410. Except as provided in Section 25163, it is unlawful for any person to clean septic tanks, chemical toilets, cesspools or sewage seepage pits or to dispose or aid in the disposal of the cleanings thereof, for any person or firm engaged in the business of cleaning out septic tanks, chemical toilets, cesspools or sewage seepage pits or disposing of the cleanings thereof who does not hold an unrevoked registration as provided in this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  190. 117415.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Registration applications for this article must be filed with the local health officer, and the application must include required business, residence, and disposal-location details; corporations and partnerships must have the correct person sign it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117415. All applications for registration under this article shall be filed with the local health officer in the city, town, county, or city and county in which it is desired to carry on the business. The application shall state the name in full, if a partnership then names of each of the partners, the relation of the applicant to the firm or partnership, the place of business and place of residence of the applicant for registration and of each of the partners in the business, if a partnership, and shall state the exact location of the place at which it is proposed to dispose of cleanings. The application shall be signed by the authorized officer of a corporation, if a corporation; or by the managing partner, if a partnership. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  191. 117420.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Registration can be issued only after the health officer or authorized representative completes the required examinations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117420. Registration shall be issued only after a satisfactory examination by the health officer or his or her duly authorized representative covering the equipment to be used, the applicant’s knowledge of sanitary principles and of the laws and ordinances affecting human health or nuisances, and the reliability of the applicant in observing sanitary laws, ordinances and directions, and in selecting laborers and employees who may clean out septic tanks, chemical toilets, cesspools and sewage seepage pits without endangering human health or comfort; and only after examination of the place or places and manner of disposal of the cleanings proposed by the applicant. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  192. 117425.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The health officer must act on each application within 30 days after it is filed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117425. The health officer is required to act upon each application within thirty (30) days of the date of filing same. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  193. 117430.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Registration is limited to the rest of the calendar year when the application is made, and all registrations expire at year-end.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117430. Registration shall be only for the unexpired portion of the calendar year in which application is made, and at the end of the calendar year all registrations shall become void and of no effect. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  194. 117435.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Health officers may set conditions for registration of septic-tank and sewage-pit cleaners and may require registered persons to file detailed statements; those registrants must also provide one statement to a regional board.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117435. (a) Applicants may be registered under any terms, conditions, orders, and directions as the health officer or his or her duly authorized representative may deem necessary for the protection of human health and comfort. Each health officer and his or her duly authorized representative may require any and all persons who are registered with the health officer to clean septic tanks, cesspools, or sewage seepage pits or to dispose of the cleanings therefrom, to file with the health officer at any time and at any frequency or intervals as the health officer or duly authorized representative may desire, a statement specifying all of the following: (1) The name and address of the owner or tenant of each and every one of the premises where a septic tank, cesspool, or sewage seepage pit has been cleaned out by the registrant or his or her employees or by others on his or her behalf and the date of each cleaning. (2) The location where the cleanings are disposed of and by whom. (3) Discharges of waste that may result in violation of laws or ordinances required to be known by the registrant pursuant to Section 117420. (b) The health officer may require the statement to be sworn to before a notary. (c) Any and all persons registered with the health officer to clean septic tanks, cesspools, or sewage seepage pits, or to dispose of the cleanings therefrom, shall also provide a statement as required pursuant to paragraph (3) of subdivision (a) to a regional board as defined pursuant to Section 13050 of the Water Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  195. 117440.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A registrant must report any change of address in writing by registered mail within two days.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117440. A change of address of any registrant including a member of a partnership that is registered and of the place of business thereof shall be reported in writing by registered mail by the registrant within two days after the change of address. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  196. 117445.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A health officer may revoke a registration issued under this article for cause, but must give the applicant 10 days’ notice.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117445. Any registration issued under this article may be revoked by the issuing health officer for cause on 10 days’ notice to the applicant. The notice shall be served by registered mail or in person at the latest place of residence or of business reported by the applicant. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  197. 117450.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Violating this article or a health officer’s order made under it is a misdemeanor punishable by a fine, jail time, or both.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Septic Tanks [117400 - 117450] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117450. Violation of any of the provisions of this article or of any order or orders of a health officer made pursuant to this article for the protection of human health and comfort shall constitute a misdemeanor and shall be punishable by a fine of not less than two hundred dollars ($200) for each offense or by imprisonment for not less than thirty (30) days or by both the fine and imprisonment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  198. 117475.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Pollution of Navigable Waters with Garbage [117475 - 117500] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “garbage” 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 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Pollution of Navigable Waters with Garbage [117475 - 117500] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117475. For the purpose of this article the term “garbage” includes any or all of the following: (a) Garbage. (b) Swill. (c) Refuse. (d) Cans. (e) Bottles. (f) Paper. (g) Vegetable matter. (h) Carcass of any dead animal. (i) Offal from any slaughter pen or butcher shop. (j) Trash. (k) Rubbish. ( l) Radioactive waste materials. (m) Discarded, nonbiodegradable materials including plastics or damaged or broken marine equipment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  199. 117480.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Pollution of Navigable Waters with Garbage [117475 - 117500] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person must not put garbage into California’s navigable waters, or load garbage onto a vessel intending that it be dumped there or in nearby ocean waters; doing so 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 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Pollution of Navigable Waters with Garbage [117475 - 117500] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117480. Every person who places, deposits, or dumps any garbage in or upon the navigable waters of this state, or who places, deposits, or loads it upon any vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within twenty miles of any point on the coast line of the state, is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  200. 117485.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Pollution of Navigable Waters with Garbage [117475 - 117500] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person in charge of a vessel must not let it be loaded with garbage if the intent is to dump or deposit that garbage in certain waters.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 13. GARBAGE AND ONSITE SEWAGE DISPOSAL [117400 - 117590] ( Part 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Waste and Waste Disposal [117400 - 117590] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Pollution of Navigable Waters with Garbage [117475 - 117500] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 117485. Every person in charge of any vessel who permits it to be loaded with any garbage with intent that it shall be dumped or deposited from the vessel in or upon any of the navigable waters of this state, or at any point in the ocean, within twenty miles of any point on the coast line of the state, is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

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