Jurris.COM
Section 116565 Of Article 7. Requirements And Compliance From California Health And Safety Code >> Division 104. >> Part 12. >> Chapter 4. >> Article 7.
116565
. (a) Each public water system serving 1,000 or more service
connections, and any public water system that treats water on behalf
of one or more public water systems for the purpose of rendering it
safe for human consumption, shall reimburse the state board for the
actual cost incurred by the state board for conducting those
activities mandated by this chapter relating to the issuance of
domestic water supply permits, inspections, monitoring, surveillance,
and water quality evaluation that relate to that specific public
water system. The amount of reimbursement shall be sufficient to pay,
but in no event shall exceed, the state board's actual cost in
conducting these activities.
(b) Each public water system serving fewer than 1,000 service connections shall pay an annual drinking water operating fee to the state board as set forth in this subdivision for costs incurred by the state board for conducting those activities mandated by this chapter relating to inspections, monitoring, surveillance, and water quality evaluation relating to public water systems. The total amount of fees shall be sufficient to pay, but in no event shall exceed, the state board's actual cost in conducting these activities. Notwithstanding adjustment of actual fees collected pursuant to Section 100425 as authorized pursuant to subdivision (d) of Section 116590, the amount that shall be paid annually by a public water system pursuant to this section shall be as follows:
(1) Community water systems, six dollars ($6) per service connection, but not less than two hundred fifty dollars ($250) per water system, which may be increased by the state board, as provided for in subdivision (f), to ten dollars ($10) per service connection, but not less than two hundred fifty dollars ($250) per water system.
(2) Nontransient noncommunity water systems pursuant to subdivision (k) of Section 116275, two dollars ($2) per person served, but not less than four hundred fifty-six dollars ($456) per water system, which may be increased by the state board, as provided for in subdivision (f), to three dollars ($3) per person served, but not less than four hundred fifty-six dollars ($456) per water system.
(3) Transient noncommunity water systems pursuant to subdivision (o) of Section 116275, eight hundred dollars ($800) per water system, which may be increased by the state board, as provided for in subdivision (f), to one thousand three hundred thirty-five dollars ($1,335) per water system.
(4) Noncommunity water systems in possession of a current exemption pursuant to former Section 116282 on January 1, 2012, one hundred two dollars ($102) per water system.
(c) For purposes of determining the fees provided for in subdivision (a), the state board shall maintain a record of its actual costs for pursuing the activities specified in subdivision (a) relative to each system required to pay the fees. The fee charged each system shall reflect the state board's actual cost, or in the case of a local primacy agency the local primacy agency's actual cost, of conducting the specified activities.
(d) The state board shall submit an invoice for cost reimbursement for the activities specified in subdivision (a) to the public water systems no more than twice a year.
(1) The state board shall submit one estimated cost invoice to public water systems serving 1,000 or more service connections and any public water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. This invoice shall include the actual hours expended during the first six months of the fiscal year. The hourly cost rate used to determine the amount of the estimated cost invoice shall be the rate for the previous fiscal year.
(2) The state board shall submit a final invoice to the public water system before October 1 following the fiscal year that the costs were incurred. The invoice shall indicate the total hours expended during the fiscal year, the reasons for the expenditure, the hourly cost rate of the state board for the fiscal year, the estimated cost invoice, and payments received. The amount of the final invoice shall be determined using the total hours expended during the fiscal year and the actual hourly cost rate of the state board for the fiscal year. The payment of the estimated invoice, exclusive of late penalty, if any, shall be credited toward the final invoice amount.
(3) Payment of the invoice issued pursuant to paragraphs (1) and (2) shall be made within 90 days of the date of the invoice. Failure to pay the amount of the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(e) Any 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 shall not preclude a local health officer from imposing additional fees pursuant to Section 101325.
(f) The state board may increase the fees established in subdivision (b) as follows:
(1) By February 1 of the fiscal year prior to the fiscal year for which fees are proposed to be increased, the state board shall publish a list of fees for the following fiscal year and a report showing the calculation of the amount of the fees.
(2) The state board shall make the report and the list of fees available to the public by submitting them to the Legislature and posting them on the state board's Internet Web site.
(3) The state board shall establish the amount of fee increases subject to the approval and appropriation by the Legislature.
(g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
(b) Each public water system serving fewer than 1,000 service connections shall pay an annual drinking water operating fee to the state board as set forth in this subdivision for costs incurred by the state board for conducting those activities mandated by this chapter relating to inspections, monitoring, surveillance, and water quality evaluation relating to public water systems. The total amount of fees shall be sufficient to pay, but in no event shall exceed, the state board's actual cost in conducting these activities. Notwithstanding adjustment of actual fees collected pursuant to Section 100425 as authorized pursuant to subdivision (d) of Section 116590, the amount that shall be paid annually by a public water system pursuant to this section shall be as follows:
(1) Community water systems, six dollars ($6) per service connection, but not less than two hundred fifty dollars ($250) per water system, which may be increased by the state board, as provided for in subdivision (f), to ten dollars ($10) per service connection, but not less than two hundred fifty dollars ($250) per water system.
(2) Nontransient noncommunity water systems pursuant to subdivision (k) of Section 116275, two dollars ($2) per person served, but not less than four hundred fifty-six dollars ($456) per water system, which may be increased by the state board, as provided for in subdivision (f), to three dollars ($3) per person served, but not less than four hundred fifty-six dollars ($456) per water system.
(3) Transient noncommunity water systems pursuant to subdivision (o) of Section 116275, eight hundred dollars ($800) per water system, which may be increased by the state board, as provided for in subdivision (f), to one thousand three hundred thirty-five dollars ($1,335) per water system.
(4) Noncommunity water systems in possession of a current exemption pursuant to former Section 116282 on January 1, 2012, one hundred two dollars ($102) per water system.
(c) For purposes of determining the fees provided for in subdivision (a), the state board shall maintain a record of its actual costs for pursuing the activities specified in subdivision (a) relative to each system required to pay the fees. The fee charged each system shall reflect the state board's actual cost, or in the case of a local primacy agency the local primacy agency's actual cost, of conducting the specified activities.
(d) The state board shall submit an invoice for cost reimbursement for the activities specified in subdivision (a) to the public water systems no more than twice a year.
(1) The state board shall submit one estimated cost invoice to public water systems serving 1,000 or more service connections and any public water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. This invoice shall include the actual hours expended during the first six months of the fiscal year. The hourly cost rate used to determine the amount of the estimated cost invoice shall be the rate for the previous fiscal year.
(2) The state board shall submit a final invoice to the public water system before October 1 following the fiscal year that the costs were incurred. The invoice shall indicate the total hours expended during the fiscal year, the reasons for the expenditure, the hourly cost rate of the state board for the fiscal year, the estimated cost invoice, and payments received. The amount of the final invoice shall be determined using the total hours expended during the fiscal year and the actual hourly cost rate of the state board for the fiscal year. The payment of the estimated invoice, exclusive of late penalty, if any, shall be credited toward the final invoice amount.
(3) Payment of the invoice issued pursuant to paragraphs (1) and (2) shall be made within 90 days of the date of the invoice. Failure to pay the amount of the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(e) Any 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 shall not preclude a local health officer from imposing additional fees pursuant to Section 101325.
(f) The state board may increase the fees established in subdivision (b) as follows:
(1) By February 1 of the fiscal year prior to the fiscal year for which fees are proposed to be increased, the state board shall publish a list of fees for the following fiscal year and a report showing the calculation of the amount of the fees.
(2) The state board shall make the report and the list of fees available to the public by submitting them to the Legislature and posting them on the state board's Internet Web site.
(3) The state board shall establish the amount of fee increases subject to the approval and appropriation by the Legislature.
(g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
