Bill Text: CA AB2112 | 2015-2016 | Regular Session | Introduced
Bill Title: Safe Drinking Water Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - Died at Desk. [AB2112 Detail]
Download: California-2015-AB2112-Introduced.html
BILL NUMBER: AB 2112 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dahle
FEBRUARY 17, 2016
An act to amend Section 116271 of the Health and Safety Code,
relating to drinking water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2112, as introduced, Dahle. Safe Drinking Water Act.
Existing law provides that the State Water Resources Control Board
succeeds to and is vested with all of the authority, duties, powers,
purposes, functions, responsibilities, and jurisdiction of the State
Department of Public Health, its predecessors, and its director for
purposes of specified provisions relating to drinking water.
This bill would make nonsubstantive changes to the provisions
vesting the State Water Resources Control Board with specified
authorities, including deleting an obsolete subdivision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116271 of the Health and Safety Code is amended
to read:
116271. (a) The State Water Resources Control Board succeeds to
and is vested with all of the authority, duties, powers, purposes,
functions, responsibilities, and jurisdiction of the State Department
of Public Health, its predecessors, and its director for purposes of
all of the following:
(1) The Environmental Laboratory Accreditation Act (Article 3
(commencing with Section 100825) of Chapter 4 of Part 1 of Division
101).
(2) Article 3 (commencing with Section 106875) of Chapter 4 of
Part 1.
(3) Article 1 (commencing with Section 115825) of Chapter 5 of
Part 10.
(4) This chapter and the Safe Drinking Water State Revolving Fund
Law of 1997 (Chapter 4.5 (commencing with Section 116760)).
(5) Article 2 (commencing with Section 116800), Article 3
(commencing with Section 116825), and Article 4 (commencing with
Section 116875) of Chapter 5.
(6) Chapter 7 (commencing with Section 116975).
(7) The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Division 43
(commencing with Section 75001) of the Public Resources Code).
(8) The Water Recycling Law (Chapter 7 (commencing with Section
13500) of Division 7 of the Water Code).
(9) Chapter 7.3 (commencing with Section 13560) of Division 7 of
the Water Code.
(10) The California Safe Drinking Water Bond Law of 1976 (Chapter
10.5 (commencing with Section 13850) of Division 7 of the Water
Code).
(11) Wholesale Regional Water System Security and Reliability Act
(Division 20.5 (commencing with Section 73500) of the Water Code).
(12) Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002 (Division 26.5 (commencing with Section 79500)
of the Water Code).
(b) The State Water Resources Control Board shall maintain a
drinking water program and carry out the duties, responsibilities,
and functions described in this section. Statutory reference to
"department," "state department," or "director" regarding a function
transferred to the State Water Resources Control Board shall refer to
the State Water Resources Control Board. This section does not
impair the authority of a local health officer to enforce this
chapter or a county's election not to enforce this chapter, as
provided in Section 116500.
(c) The State Water Resources Control Board shall succeed to the
status of grantee or applicant, as appropriate, for any federal
Drinking Water State Revolving Fund capitalization grants
grant that the State Department of Public Health
and any of its predecessors applied for.
(d) Regulations adopted, orders issued, and all other
administrative actions taken by the State Department of Public
Health, any of its predecessors, or its director, pursuant to the
authorities now vested in the State Water Resources Control Board and
in effect immediately preceding the operative date of this
section July 1, 2014, shall remain in effect and
are fully enforceable unless and until readopted, amended, or
repealed, or until they expire by their own terms. Regulations in the
process of adoption pursuant to the authorities vested in the State
Water Resources Control Board shall continue under the authority of
the State Water Resources Control Board unless and until the State
Water Resources Control Board determines otherwise. Any other
administrative action adopted, prescribed, taken, or performed by, or
on behalf of, the State Department of Public Health, or its
director, in the administration of a program or the performance of a
duty, responsibility, or authorization transferred to the State Water
Resources Control Board shall remain in effect and shall be deemed
to be an action of the State Water Resources Control Board unless and
until the State Water Resources Control Board determines otherwise.
(e) Permits, licenses, accreditations, certificates, and other
formal approvals and authorizations issued by the State Department of
Public Health, any of its predecessors, or its director pursuant to
authorities vested in the State Water Resources Control Board
pursuant to this section are not affected by the transfer and remain
in effect, subject to all applicable laws and regulations, unless and
until renewed, reissued, revised, amended, suspended, or revoked by
the State Water Resources Control Board or its deputy director, as
authorized pursuant to subdivision (k).
(f) Any action or proceeding by or against the State Department of
Public Health, including any officer or employee of the State
Department of Public Health named in an official capacity, or any of
its predecessors, pertaining to matters vested in the State Water
Resources Control Board by this section shall not abate, but shall
continue in the name of the State Water Resources Control Board. The
State Water Resources Control Board shall be substituted for the
State Department of Public Health, including any officer or employee
of the State Department of Public Health named in an official
capacity, and any of its predecessors, by the court or agency where
the action or proceeding is pending. The substitution shall not in
any way affect the rights of the parties to the action or proceeding.
(g) On and after the operative date of this section
July 1, 2014 , the unexpended balance of all
funds available for use by the State Department of Public Health or
any of its predecessors in carrying out any functions transferred to
the State Water Resources Control Board are available for use by the
State Water Resources Control Board.
(h) Books, documents, data, records, and property of the State
Department of Public Health pertaining to functions transferred to
the State Water Resources Control Board shall be transferred to the
State Water Resources Control Board. This subdivision does not
transfer any part of property commonly known as the Richmond Campus
that is owned by the State Public Works Board.
(i) A contract, lease, license, or any other agreement, including
local primacy agreements, as described in Section 116330, to which
the State Department of Public Health, any of its predecessors, its
director, or their agents, is a party, are not void or voidable by
reason of this section, but shall continue in full force and effect,
with the State Water Resources Control Board assuming all of the
rights, obligations, liabilities, and duties of the State Department
of Public Health and any of its predecessors as it relates to the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the State Water Resources Control Board pursuant to this section.
This assumption does not affect the rights of the parties to the
contract, lease, license, or agreement.
(j) If the Department of Water Resources entered into agreements
on behalf of the State Department of Public Health or its
predecessor, the State Department of Health Services, pursuant to
Chapter 4.5 (commencing with Section 116760), the State Water
Resources Control Board shall also succeed the Department of Water
Resources as a party to those agreements and to all related security
instruments, including, but not limited to, fiscal services
agreements, deeds of trust, guarantees, letters of credit, and
deposit control agreements.
(k) (1) The State Water Resources Control Board shall appoint a
deputy director who reports to the executive director to oversee the
issuance and enforcement of public water system permits and other
duties as appropriate. The deputy director shall have public health
expertise.
(2) The deputy director is delegated the State Water Resources
Control Board's authority to provide notice, approve notice content,
approve emergency notification plans, and take other action pursuant
to Article 5 (commencing with Section 116450), to issue, renew,
reissue, revise, amend, or deny any public water system permits
pursuant to Article 7 (commencing with Section 116525), to suspend or
revoke any public water system permit pursuant to Article 8
(commencing with Section 116625), and to issue citations, assess
penalties, or issue orders pursuant to Article 9 (commencing with
Section 116650). Decisions and actions of the deputy director taken
pursuant to Article 5 (commencing with Section 116450) or Article 7
(commencing with Section 116525) are deemed decisions and actions
taken, but are not subject to reconsideration, by the State Water
Resources Control Board. Decisions and actions of the deputy director
taken pursuant to Article 8 (commencing with Section 116625) and
Article 9 (commencing with Section 116650) are deemed decisions and
actions taken by the State Water Resources Control Board, but any
aggrieved person may petition the State Water Resources Control Board
for reconsideration of the decision or action. This subdivision is
not a limitation on the State Water Resources Control Board's
authority to delegate any other powers and duties.
(3) The State Water Resources Control Board shall not delegate any
authority, duty, power, purpose, function, or responsibility
specified in this section, including, but not limited to, issuance
and enforcement of public water system permits, to the regional water
quality control boards.
(l) This section shall become operative on July 1, 2014.
