reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 7.5 - MTBE Detection › Section 116610.

116610. (a)  This article shall be known, and may be cited, as the Local Drinking Water Protection Act.
(b)  For purposes of this article, “MTBE” means methyl tertiary-butyl ether.
(c)  Commencing January 1, 1998, the State Department of Health Services shall commence the process for adopting a primary drinking water standard for MTBE that complies with the criteria established under Section 116275. The State Department of Health Services shall establish a primary drinking water standard for MTBE on or before July 1, 1999. The State Department of Health Services may, at its discretion, set primary drinking water standards for other oxygenates.
(d)  On or before July 1, 1998, the State Department of Health Services shall adopt a secondary drinking water standard that complies with the criteria established under subdivision (d) of Section 116275 and that does not exceed a consumer acceptance level for MTBE.
(Added by Stats. 1997, Ch. 814, Sec. 11. Effective January 1, 1998. See similar section added by Stats. 1997, Ch. 815. Note: The textual difference is in subd. (c), wherein this version refers to Section 116275 and the Ch. 815 version refers to Section 116365.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 7.5 - MTBE Detection › Section 116610.

116610. (a)  This article shall be known, and may be cited, as the Local Drinking Water Protection Act.
(b)  For purposes of this article, “MTBE” means methyl tertiary-butyl ether.
(c)  Commencing January 1, 1998, the State Department of Health Services shall commence the process for adopting a primary drinking water standard for MTBE that complies with the criteria established under Section 116365. The State Department of Health Services shall establish a primary drinking water standard for MTBE on or before July 1, 1999. The State Department of Health Services may, at its discretion, set primary drinking water standards for other oxygenates.
(d)  On or before July 1, 1998, the State Department of Health Services shall adopt a secondary drinking water standard that complies with the criteria established under subdivision (d) of Section 116275 and that does not exceed a consumer acceptance level for MTBE.
(Added by Stats. 1997, Ch. 815, Sec. 3. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 7.5 - MTBE Detection › Section 116612.

116612. On or before January 1, 1999, the California Drinking Water and Toxic Enforcement Act scientific advisory panel shall make a recommendation to the Office of Environmental Health Hazard Assessment on whether MTBE should be listed as a carcinogenic or reproductive toxin as set forth in Chapter 1 (commencing with Section 25102) of Division 4 of Title 27 of the California Code of Regulations.
(Amended (as added by Stats. 1997, Ch. 815, Sec. 3) by Stats. 2015, Ch. 303, Sec. 345. (AB 731) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 9 - Remedies › Section 116650.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 9 - Remedies › Section 116655.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 9 - Remedies › Section 116660.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 9 - Remedies › Section 116665.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 9 - Remedies › Section 116670.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 9 - Remedies › Section 116675.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 9 - Remedies › Section 116680.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 10 - Judicial Review › Section 116700.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 10 - Judicial Review › Section 116701.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 11 - Crimes and Penalties › Section 116725.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 11 - Crimes and Penalties › Section 116730.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 11 - Crimes and Penalties › Section 116735.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 11 - Crimes and Penalties › Section 116740.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 11 - Crimes and Penalties › Section 116745.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 11 - Crimes and Penalties › Section 116750.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 11 - Crimes and Penalties › Section 116751.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4 - California Safe Drinking Water Act › ARTICLE 12 - Board Member Training › Section 116755.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 1 - Short Title › Section 116760.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.30.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.38.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.39.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.41.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.42.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.43.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.44.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.45.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 3 - Safe Drinking Water State Revolving Fund › Section 116760.46.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 4 - Establishment and Utilization of Priority List for Funding › Section 116760.50.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 5 - Project Eligibility, Funding, and Contracts › Section 116761.20.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 5 - Project Eligibility, Funding, and Contracts › Section 116761.40.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 6 - Contracts for Project Funding › Section 116761.50.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 6 - Contracts for Project Funding › Section 116761.51.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 7 - Safe Drinking Water State Revolving Fund Management › Section 116761.62.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 12 - DRINKING WATER › CHAPTER 4.5 - Safe Drinking Water State Revolving Fund Law of 1997 › ARTICLE 7 - Safe Drinking Water State Revolving Fund Management › Section 116761.65.

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.)