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<ns0:Id>20250SB__141799INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Pérez</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthor: Assembly Member Haney)</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>SENATE</ns0:House>
<ns0:Name>Pérez</ns0:Name>
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<ns0:Title> An act to add Section 8607.5 to the Government Code, relating to disaster preparedness. </ns0:Title>
<ns0:RelatingClause>disaster preparedness</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Disaster preparedness: public water systems. </ns0:Subject>
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<html:p>Existing law, the California Emergency Services Act, requires all public water systems, as defined, with 10,000 or more service connections to review and revise their disaster preparedness plans in conjunction with related agencies, including, but not limited to, local fire departments and the Office of Emergency Services, to ensure that the plans are sufficient to address possible disaster scenarios. A person, as defined, who violates the provisions of this act is guilty of a misdemeanor.</html:p>
<html:p>Existing law requires these public water systems, following a declared state of emergency, to furnish an assessment of their emergency response and recommendations to the Legislature within 6 months after each disaster, and to implement the recommendations in a timely manner. Existing law requires the office to establish emergency response and recovery plans in
coordination with these public water systems.</html:p>
<html:p>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.</html:p>
<html:p>This bill would require a disaster-impacted public water system, as defined, to conduct a disaster impact assessment within 6 months of a disaster, in coordination with the disaster-impacted county, as defined, before receiving state funding. The bill would require the assessment to include specified components, including determining whether the best interest of the affected residences, as defined, requires becoming a consolidated water system in order to ensure access to quality water and adequate supply, as provided. The bill would require the assessment to be provided to the State Water Resources Control Board. The bill would require a disaster-impacted public water system, in
coordination with the disaster-impacted county, to adopt specified requirements into its assessment process, including making the coordinating bodies subject to the California Public Records Act, providing the opportunity for public comment, and arranging for live translations, as provided. Because a violation of these requirements by certain public water systems would constitute a misdemeanor, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. </html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_5D20DE0E-2937-44F0-8E69-11BE545DA9F4">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 8607.5 is added to the
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, to read:
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<ns0:Num>8607.5.</ns0:Num>
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(a)
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For purposes of this section, the following definitions apply:
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<html:p>
(1)
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“Adequate supply” means sufficient water to meet residents’ health and safety needs at all times.
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<html:p>
(2)
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“Affected residences” means residences within a Governor-declared disaster-affected 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.
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<html:p>
(3)
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“Affordability assessment” means the identification of any community water system that is required to charge fees that exceed the affordability threshold established by the State Water Resources Control
Board, as described in subparagraph (B) of paragraph (2) of subdivision (a) of Section 116769 of the Health and Safety Code, in order to supply, treat, and distribute potable water that complies with federal and state drinking water standards. The affordability assessment evaluates several different affordability indicators to identify communities that may be experiencing affordability challenges.
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<html:p>
(4)
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“Applicable language” means a language for which the number of residents of the disaster-impacted county who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the city.
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(5)
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“Consistently fail” means a failure to provide an adequate supply of safe drinking water.
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<html:p>
(6)
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“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.
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<html:p>
(7)
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“Consolidation” means joining two or more public water systems, state small water systems, or affected residences into a single public water system.
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(8)
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“Cost assessment” means the estimation of funding needed for the Safe and Affordable Drinking Water Fund, established pursuant to Section 116766 of the Health and Safety Code, for the next fiscal year based on the amount available in the fund, anticipated funding needs, and other existing State Water Resources Control Board funding sources. The cost assessment estimates the costs related to the implementation of interim or emergency measures and longer term solutions for Human Right to Water list systems and at-risk public water systems, state small water systems, and domestic wells. “Cost assessment” includes the
identification of available funding sources and any funding and financing gaps in support of interim and long-term solutions.
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<html:p>
(9)
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“Disaster” means a disaster for which the Governor has declared a state of emergency pursuant to Section 8625.
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<html:p>
(10)
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“Disaster damage” means damage that has caused conditions that are so prevalent and so substantial that they have caused a reduction in, or a lack of, the normal predisaster usage of the disaster-impacted public water system.
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<html:p>
(11)
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“Disaster-impacted county” means where a county where a disaster occurred.
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(12)
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“Disaster-impacted public water system” means a public water system, as defined in Section 116275 of the Health and Safety Code, that either its physical infrastructure is found within the premises of a
Governor-declared disaster or part of its consumer base includes residents found within the premises of a Governor-declared disaster.
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<html:p>
(b)
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(1)
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A disaster-impacted public water system shall conduct a disaster impact assessment within six months of a disaster, in coordination with the disaster-impacted county, before receiving state funding, including funding for the primary benefit and longevity of the disaster-impacted public water system. The assessment shall be provided to the State Water Resources Control Board.
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<html:p>
(2)
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The disaster impact assessment prepared pursuant to paragraph (1) shall include all of the following components:
</html:p>
<html:p>
(A)
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Disaster damage to the physical infrastructure of the disaster-impacted public water system.
</html:p>
<html:p>
(B)
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Effects of the disaster on a disaster-impacted public water system’s ability to consistently fail to do any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Provide safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.
</html:p>
<html:p>
(ii)
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Ensure adequate supply.
</html:p>
<html:p>
(iii)
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Avoid potential rate increases on affected residences from damage assessment, including an affordability assessment and a cost assessment.
</html:p>
<html:p>
(C)
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Determining whether the best interest of the affected residences requires becoming a consolidated water system in order to ensure access to quality water and adequate supply, and to minimize rate increases on affected residences resulting from the disaster damage.
</html:p>
<html:p>
(c)
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The disaster-impacted public water system, in coordination with the disaster-impacted county, shall adopt the following requirements into its assessment process:
</html:p>
<html:p>
(1)
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The coordinating bodies are subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and the Ralph M. Brown Act, as set forth in Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5.
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(2)
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The coordinating bodies shall provide opportunity for public comment at hearings to be made in person and remotely.
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(3)
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The coordinating bodies shall arrange for the live translation of a hearing in an applicable language if a request for translation is made at least 24 hours before the meeting.
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<ns0:BillSection id="id_376AF791-C84A-4AE8-84E3-F703A33B9658">
<ns0:Num>SEC. 2.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
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B of the California Constitution.
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