AB 1438 California Assembly · 2017-2018 Regular Session

State Water Resources Control Board: environmental laboratories: public water systems: certificates and permits: procedures.

Summary
(1) Existing law, the Environmental Laboratory Accreditation Act, requires certain laboratories that conduct analyses of environmental samples for regulatory purposes to obtain a certificate of accreditation from the State Water Resources Control Board. The act requires an accredited laboratory to report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The act authorizes the state board to adopt regulations to establish reporting requirements, establish the accreditation procedures, recognize the accreditation of laboratories located outside California, and collect laboratory accreditation fees. The act requires fees and civil penalties collected under the act to be deposited in the Environmental Laboratory Improvement Fund and that moneys in the fund be available for expenditure by the board, upon appropriation by the Legislature, for the purposes of the act. Existing law authorizes the state board to implement these provisions by entering and inspecting laboratories for these purposes, as specified. Existing law makes it a crime to interfere with the state board with regard to those inspection provisions. This bill would revise and recast those provisions. The bill would, among other things, update obsolete references under those provisions with regard to the state board and the State Department of Public Health, and would update references to national accreditation and training standards that are applicable to laboratories that are accredited or certified under these provisions. The bill would modify provisions relating to petitions for reconsideration with regard to denials of certain applications for certification or accreditation, as specified. The bill would authorize the state board to require an owner of a laboratory under these provisions to provide certain information or records to the state board, as specified. Because a violation of those provisions would be a crime, the bill would impose a state-mandated local program. The bill would also set forth a hearing process with regard to the suspension or revocation of a certification or accreditation issued under these provisions, as specified. The bill would update provisions relating to civil penalties, as specified. (2) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health and vests with the state board specified responsibilities. The act prohibits a person from operating a public water system unless he or she first submits an application to the state board and receives a permit, as specified, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. Existing law requires the state board to appoint a deputy director to oversee the issuance and enforcement of public water system permits and delegates certain authorities of the state board to the deputy director. The act authorizes an applicant to appeal a decision or action of the deputy director taken pursuant to these permitting provisions to the state board. The act authorizes the state board, after notice and hearing, to suspend or revoke a permit if the state board determines that the permittee is in violation of the act or has made a false statement or representation on an application, record, or report maintained and submitted for purposes of compliance with the act. The act allows the state board to temporarily suspend a permit before a hearing when necessary to prevent an imminent or substantial danger to health, as specified, requires the state board to hold a hearing and give notice on the temporary suspension, as specified, and requires that notice of the hearing be given within 15 days of the effective date of suspension. This bill would revise and recast these provisions. The bill would instead allow the applicant to petition the state board for reconsideration of, instead of appealing, a decision or action of the deputy director with regard to issuance of a public water system permit. The bill would set forth a hearing process, including notice, with regard to the suspension, revocation, or temporary suspension of a public water system permit, as specified. The bill would authorize, within 30 days of issuance of specified orders, decisions, or final actions of an officer or employee of the state board, the person subject to the order, decision, or final action to petition the state board for reconsideration. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status signed all 5 stages cleared
Introduction
Feb 2017
Committee Review
Sep 2017
Assembly Passage
May 2017
Senate Passage
Sep 2017
Signed into Law
Sep 2017
Introduced Feb 17, 2017 Signed Sep 27, 2017
Floor votes · Senate Sep 6, 2017 · Assembly May 4, 2017

How they voted

320
Passed
Total votes 32
Sep 6, 2017
D Democratic22
22 Yea
100% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
10
Committee
10
Sep 27, 2017
Signed into law
Approved by the Governor.
legislature
Sep 6, 2017
Senate · Passed
Senate Vote: pass (32-0)
senate
Sep 6, 2017
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Sep 1, 2017
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (September 1).
upper
Jul 10, 2017
Committee
In committee: Referred to APPR. suspense file.
upper
Jun 21, 2017
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR.
upper
Jun 7, 2017
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 7). Re-referred to Com. on JUD.
upper
May 18, 2017
Committee
Referred to Coms. on EQ. and JUD.
upper
May 4, 2017
Assembly · Passed
Assembly Vote: pass (66-0-4)
assembly
Apr 26, 2017
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).
lower
Mar 21, 2017
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 21). Re-referred to Com. on APPR.
lower
Mar 13, 2017
Committee
Referred to Com. on E.S. & T.M.
lower
Feb 19, 2017
Lower · Passed
From printer. May be heard in committee March 21.
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.