116409. The Legislature finds and declares all of the following:
(a) Promotion of the public health of Californians of all ages by
protection and maintenance of dental health through the fluoridation
of drinking water is a paramount issue of statewide concern.
(b) It is the intent of the Legislature in enacting this article
to preempt local government regulations, ordinances, and initiatives
that prohibit or restrict the fluoridation of drinking water by
public water systems with 10,000 or more service connections, without
regard to whether the public water system might otherwise be exempt
from Section 116410 or the requirements of this section, pursuant to
Section 116415.
(c) It is further the intent of the Legislature in establishing
this article to decrease the burden the Medi-Cal and the Denti-Cal
programs place upon the state's limited funds.
116410. (a) Each public water system with at least 10,000 service
connections and with a natural level of fluorides that is less than
the minimum established in the regulations adopted pursuant to this
section shall be fluoridated in order to promote the public health of
Californians of all ages through the protection and maintenance of
dental health, a paramount issue of statewide concern. The department
shall adopt regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Division 3 of Title 2 of the Government Code,
requiring the fluoridation of public water systems. By July 1, 1996,
and at 10-year intervals thereafter, each public water system with at
least 10,000 service connections shall provide to the department an
estimate of the total capital costs to install fluoridation
treatment. The regulations adopted by the department shall take
effect on January 1, 1997. Capital costs estimates are no longer
required after installation of the fluoridation treatment equipment.
(b) The regulations shall include, but not be limited to, the
following:
(1) Minimum and maximum permissible concentrations of fluoride to
be maintained by fluoridation of public water systems.
(2) The requirements and procedures for maintaining proper
concentrations of fluoride, including equipment, testing,
recordkeeping, and reporting.
(3) Requirements for the addition of fluorides to public water
systems in which the natural level of fluorides is less than the
minimum level established in the regulations.
(4) A schedule for the fluoridation of public water systems with
at least 10,000 service connections, based on the lowest capital cost
per connection for each system.
(c) The purpose of the schedule established pursuant to paragraph
(4) of subdivision (b) is not to mandate the order in which public
water systems receiving funding from private sources must fluoridate
their water. Available funds may be offered to any system on the
schedule.
(d) The estimates provided to the department pursuant to
subdivision (a) of this section and subdivision (g) of Section 116415
of the total capital and associated costs and noncapital operation
and maintenance costs related to fluoridation treatments and the
similar estimates provided to those sources offering to provide the
funds set forth in paragraph (1) of subdivision (a) of Section 116415
shall be reasonable, as determined by the department. A registered
civil engineer recognized or employed by the department who is
familiar with the design, construction, operation, and maintenance of
fluoridations systems shall determine for the department whether the
costs are reasonable.
(e) As used in this section and Section 116415, "costs" means only
those costs that require an actual expenditure of funds or
resources, and do not include costs that are intangible or
speculative, including, but not limited to, opportunity or
indemnification costs.
(f) Any public water system with multiple water sources, when
funding is not received to fluoridate all sources, is exempt from
maintaining otherwise required fluoridations levels in areas
receiving any nonfluoridated water. The exemption shall be in effect
only until the public water system receives funding to fluoridate the
entire water system and the treatment facilities are installed and
operational.
116415. (a) (1) A public water system is not required to fluoridate
pursuant to Section 116410, or the regulations adopted thereunder by
the department, in any of the following situations:
(A) If the public water system is listed on the schedule to
implement a fluoridation program pursuant to paragraph (4) of
subdivision (b) of Section 116410 and funds are not offered pursuant
to a binding contractual offer to the public water system sufficient
to pay the capital and associated costs from any outside source. As
used in this section, "outside source" means a source other than the
system's ratepayers, shareholders, local taxpayers, bondholders, or
any fees or charges levied by the water system.
(B) If the public water system has been offered pursuant to a
binding contractual offer the capital and associated funds necessary
for fluoridation as set forth in subparagraph (A) and has completed
the installation of a fluoridation system, however, in any given
fiscal year (July 1-June 30, inclusive) funding is not available to
the public water system sufficient to pay the noncapital operation
and maintenance costs described in subdivision (g) from any outside
source other than the system's ratepayers, shareholders, local
taxpayers, bondholders, or any fees or charges levied by the water
system. A binding contractual offer to provide funds for 12 months,
without regard to fiscal year, of noncapital operation and
maintenance costs shall render a water system unqualified for an
exemption under this subparagraph for that year.
(C) If the funding provided by an outside source for capital and
associated costs is depleted prior to completion of the installation
of a fluoridation system and funds sufficient to complete the
installation have not been offered pursuant to a binding contractual
offer to the public water system by an outside source. In the event
of a disagreement between the public water system and an outside
funding source about the reasonableness of additional capital and
associated costs, in order to qualify for an exemption under this
subparagraph the costs overruns must be found to be reasonable by a
registered civil engineer recognized or employed by the department
who is familiar with the design, construction, operation, and
maintenance of fluoridation systems.
(2) Each year the department shall prepare and distribute a list
of those water systems that do not qualify for exemption under this
section from the fluoridation requirements of Section 116410. This
list shall include water systems that have been offered, have
received, or are expected to receive, sufficient funding for capital
and associated costs so as to not qualify for exemption under
subparagraph (A) of paragraph (1), and have either (A) been offered
or have received, or anticipate receiving, sufficient noncapital
maintenance and operation funding pursuant to subdivision (g), or (B)
have not yet completed the installation of a fluoridation system, so
that they do not qualify for exemption under subparagraph (B) of
paragraph (1).
(3) Any water system that has been offered pursuant to a binding
contractual offer the funds necessary for fluoridation as set forth
in subparagraph (A) of paragraph (1), and is not included in the list
pursuant to paragraph (2), may elect to exercise the option not to
fluoridate during the following fiscal year pursuant to subparagraph
(B) of paragraph (1) by so notifying the department by certified mail
on or before June 1.
(4) The permit issued by the department for a public water system
that is scheduled to implement fluoridation pursuant to paragraph (4)
of subdivision (b) of Section 116410 shall specify whether it is
required to fluoridate pursuant to Section 116410, or whether it has
been granted an exemption pursuant to either subparagraph (A) or
subparagraph (B) of paragraph (1).
(b) The department shall enforce Section 116410 and this section,
and all regulations adopted pursuant to these sections, unless
delegated pursuant to a local primary agreement.
(c) If the owner or operator of any public water system subject to
Section 116410 fails, or refuses, to comply with any regulations
adopted pursuant to Section 116410, or any order of the department
implementing these regulations, the Attorney General shall, upon the
request of the department, institute mandamus proceedings, or other
appropriate proceedings, in order to compel compliance with the
order, rule, or regulation. This remedy shall be in addition to all
other authorized remedies or sanctions.
(d) Neither this section nor Section 116410 shall supersede
subdivision (b) of Section 116410.
(e) The department shall seek all sources of funding for
enforcement of the standards and capital cost requirements
established pursuant to this section and Section 116410, including,
but not limited to, all of the following:
(1) Federal block grants.
(2) Donations from private foundations.
Expenditures from governmental sources shall be subject to
specific appropriation by the Legislature for these purposes.
(f) A public water system with less than 10,000 service
connections may elect to comply with the standards, compliance
requirements, and regulations for fluoridation established pursuant
to this section and Section 116410.
(g) Costs, other than capital costs, incurred in complying with
this section and Section 116410, including regulations adopted
pursuant to those sections, may be paid from federal grants, or
donations from private foundations, for these purposes. Each public
water system that will incur costs, other than capitalization costs,
as a result of compliance with this section and Section 116410, shall
provide an estimate to the department of the anticipated total
annual operations and maintenance costs related to fluoridation
treatment by January 1 of each year.
(h) A public water system subject to the jurisdiction of the
Public Utilities Commission shall be entitled to recover from its
customers all of its capital and associated costs, and all of its
operation and maintenance expenses associated with compliance with
this section and Section 116410. The Public Utilities Commission
shall approve rate increases for an owner or operator of a public
water system that is subject to its jurisdiction within 45 days of
the filing of an application or an advice letter, in accordance with
the commission's requirements, showing in reasonable detail the
amount of additional revenue required to recover the foregoing
capital and associated costs, and operation and maintenance expenses.
116409. The Legislature finds and declares all of the following:
(a) Promotion of the public health of Californians of all ages by
protection and maintenance of dental health through the fluoridation
of drinking water is a paramount issue of statewide concern.
(b) It is the intent of the Legislature in enacting this article
to preempt local government regulations, ordinances, and initiatives
that prohibit or restrict the fluoridation of drinking water by
public water systems with 10,000 or more service connections, without
regard to whether the public water system might otherwise be exempt
from Section 116410 or the requirements of this section, pursuant to
Section 116415.
(c) It is further the intent of the Legislature in establishing
this article to decrease the burden the Medi-Cal and the Denti-Cal
programs place upon the state's limited funds.
116410. (a) Each public water system with at least 10,000 service
connections and with a natural level of fluorides that is less than
the minimum established in the regulations adopted pursuant to this
section shall be fluoridated in order to promote the public health of
Californians of all ages through the protection and maintenance of
dental health, a paramount issue of statewide concern. The department
shall adopt regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Division 3 of Title 2 of the Government Code,
requiring the fluoridation of public water systems. By July 1, 1996,
and at 10-year intervals thereafter, each public water system with at
least 10,000 service connections shall provide to the department an
estimate of the total capital costs to install fluoridation
treatment. The regulations adopted by the department shall take
effect on January 1, 1997. Capital costs estimates are no longer
required after installation of the fluoridation treatment equipment.
(b) The regulations shall include, but not be limited to, the
following:
(1) Minimum and maximum permissible concentrations of fluoride to
be maintained by fluoridation of public water systems.
(2) The requirements and procedures for maintaining proper
concentrations of fluoride, including equipment, testing,
recordkeeping, and reporting.
(3) Requirements for the addition of fluorides to public water
systems in which the natural level of fluorides is less than the
minimum level established in the regulations.
(4) A schedule for the fluoridation of public water systems with
at least 10,000 service connections, based on the lowest capital cost
per connection for each system.
(c) The purpose of the schedule established pursuant to paragraph
(4) of subdivision (b) is not to mandate the order in which public
water systems receiving funding from private sources must fluoridate
their water. Available funds may be offered to any system on the
schedule.
(d) The estimates provided to the department pursuant to
subdivision (a) of this section and subdivision (g) of Section 116415
of the total capital and associated costs and noncapital operation
and maintenance costs related to fluoridation treatments and the
similar estimates provided to those sources offering to provide the
funds set forth in paragraph (1) of subdivision (a) of Section 116415
shall be reasonable, as determined by the department. A registered
civil engineer recognized or employed by the department who is
familiar with the design, construction, operation, and maintenance of
fluoridations systems shall determine for the department whether the
costs are reasonable.
(e) As used in this section and Section 116415, "costs" means only
those costs that require an actual expenditure of funds or
resources, and do not include costs that are intangible or
speculative, including, but not limited to, opportunity or
indemnification costs.
(f) Any public water system with multiple water sources, when
funding is not received to fluoridate all sources, is exempt from
maintaining otherwise required fluoridations levels in areas
receiving any nonfluoridated water. The exemption shall be in effect
only until the public water system receives funding to fluoridate the
entire water system and the treatment facilities are installed and
operational.
116415. (a) (1) A public water system is not required to fluoridate
pursuant to Section 116410, or the regulations adopted thereunder by
the department, in any of the following situations:
(A) If the public water system is listed on the schedule to
implement a fluoridation program pursuant to paragraph (4) of
subdivision (b) of Section 116410 and funds are not offered pursuant
to a binding contractual offer to the public water system sufficient
to pay the capital and associated costs from any outside source. As
used in this section, "outside source" means a source other than the
system's ratepayers, shareholders, local taxpayers, bondholders, or
any fees or charges levied by the water system.
(B) If the public water system has been offered pursuant to a
binding contractual offer the capital and associated funds necessary
for fluoridation as set forth in subparagraph (A) and has completed
the installation of a fluoridation system, however, in any given
fiscal year (July 1-June 30, inclusive) funding is not available to
the public water system sufficient to pay the noncapital operation
and maintenance costs described in subdivision (g) from any outside
source other than the system's ratepayers, shareholders, local
taxpayers, bondholders, or any fees or charges levied by the water
system. A binding contractual offer to provide funds for 12 months,
without regard to fiscal year, of noncapital operation and
maintenance costs shall render a water system unqualified for an
exemption under this subparagraph for that year.
(C) If the funding provided by an outside source for capital and
associated costs is depleted prior to completion of the installation
of a fluoridation system and funds sufficient to complete the
installation have not been offered pursuant to a binding contractual
offer to the public water system by an outside source. In the event
of a disagreement between the public water system and an outside
funding source about the reasonableness of additional capital and
associated costs, in order to qualify for an exemption under this
subparagraph the costs overruns must be found to be reasonable by a
registered civil engineer recognized or employed by the department
who is familiar with the design, construction, operation, and
maintenance of fluoridation systems.
(2) Each year the department shall prepare and distribute a list
of those water systems that do not qualify for exemption under this
section from the fluoridation requirements of Section 116410. This
list shall include water systems that have been offered, have
received, or are expected to receive, sufficient funding for capital
and associated costs so as to not qualify for exemption under
subparagraph (A) of paragraph (1), and have either (A) been offered
or have received, or anticipate receiving, sufficient noncapital
maintenance and operation funding pursuant to subdivision (g), or (B)
have not yet completed the installation of a fluoridation system, so
that they do not qualify for exemption under subparagraph (B) of
paragraph (1).
(3) Any water system that has been offered pursuant to a binding
contractual offer the funds necessary for fluoridation as set forth
in subparagraph (A) of paragraph (1), and is not included in the list
pursuant to paragraph (2), may elect to exercise the option not to
fluoridate during the following fiscal year pursuant to subparagraph
(B) of paragraph (1) by so notifying the department by certified mail
on or before June 1.
(4) The permit issued by the department for a public water system
that is scheduled to implement fluoridation pursuant to paragraph (4)
of subdivision (b) of Section 116410 shall specify whether it is
required to fluoridate pursuant to Section 116410, or whether it has
been granted an exemption pursuant to either subparagraph (A) or
subparagraph (B) of paragraph (1).
(b) The department shall enforce Section 116410 and this section,
and all regulations adopted pursuant to these sections, unless
delegated pursuant to a local primary agreement.
(c) If the owner or operator of any public water system subject to
Section 116410 fails, or refuses, to comply with any regulations
adopted pursuant to Section 116410, or any order of the department
implementing these regulations, the Attorney General shall, upon the
request of the department, institute mandamus proceedings, or other
appropriate proceedings, in order to compel compliance with the
order, rule, or regulation. This remedy shall be in addition to all
other authorized remedies or sanctions.
(d) Neither this section nor Section 116410 shall supersede
subdivision (b) of Section 116410.
(e) The department shall seek all sources of funding for
enforcement of the standards and capital cost requirements
established pursuant to this section and Section 116410, including,
but not limited to, all of the following:
(1) Federal block grants.
(2) Donations from private foundations.
Expenditures from governmental sources shall be subject to
specific appropriation by the Legislature for these purposes.
(f) A public water system with less than 10,000 service
connections may elect to comply with the standards, compliance
requirements, and regulations for fluoridation established pursuant
to this section and Section 116410.
(g) Costs, other than capital costs, incurred in complying with
this section and Section 116410, including regulations adopted
pursuant to those sections, may be paid from federal grants, or
donations from private foundations, for these purposes. Each public
water system that will incur costs, other than capitalization costs,
as a result of compliance with this section and Section 116410, shall
provide an estimate to the department of the anticipated total
annual operations and maintenance costs related to fluoridation
treatment by January 1 of each year.
(h) A public water system subject to the jurisdiction of the
Public Utilities Commission shall be entitled to recover from its
customers all of its capital and associated costs, and all of its
operation and maintenance expenses associated with compliance with
this section and Section 116410. The Public Utilities Commission
shall approve rate increases for an owner or operator of a public
water system that is subject to its jurisdiction within 45 days of
the filing of an application or an advice letter, in accordance with
the commission's requirements, showing in reasonable detail the
amount of additional revenue required to recover the foregoing
capital and associated costs, and operation and maintenance expenses.
116409. The Legislature finds and declares all of the following:
(a) Promotion of the public health of Californians of all ages by
protection and maintenance of dental health through the fluoridation
of drinking water is a paramount issue of statewide concern.
(b) It is the intent of the Legislature in enacting this article
to preempt local government regulations, ordinances, and initiatives
that prohibit or restrict the fluoridation of drinking water by
public water systems with 10,000 or more service connections, without
regard to whether the public water system might otherwise be exempt
from Section 116410 or the requirements of this section, pursuant to
Section 116415.
(c) It is further the intent of the Legislature in establishing
this article to decrease the burden the Medi-Cal and the Denti-Cal
programs place upon the state's limited funds.
116410. (a) Each public water system with at least 10,000 service
connections and with a natural level of fluorides that is less than
the minimum established in the regulations adopted pursuant to this
section shall be fluoridated in order to promote the public health of
Californians of all ages through the protection and maintenance of
dental health, a paramount issue of statewide concern. The department
shall adopt regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Division 3 of Title 2 of the Government Code,
requiring the fluoridation of public water systems. By July 1, 1996,
and at 10-year intervals thereafter, each public water system with at
least 10,000 service connections shall provide to the department an
estimate of the total capital costs to install fluoridation
treatment. The regulations adopted by the department shall take
effect on January 1, 1997. Capital costs estimates are no longer
required after installation of the fluoridation treatment equipment.
(b) The regulations shall include, but not be limited to, the
following:
(1) Minimum and maximum permissible concentrations of fluoride to
be maintained by fluoridation of public water systems.
(2) The requirements and procedures for maintaining proper
concentrations of fluoride, including equipment, testing,
recordkeeping, and reporting.
(3) Requirements for the addition of fluorides to public water
systems in which the natural level of fluorides is less than the
minimum level established in the regulations.
(4) A schedule for the fluoridation of public water systems with
at least 10,000 service connections, based on the lowest capital cost
per connection for each system.
(c) The purpose of the schedule established pursuant to paragraph
(4) of subdivision (b) is not to mandate the order in which public
water systems receiving funding from private sources must fluoridate
their water. Available funds may be offered to any system on the
schedule.
(d) The estimates provided to the department pursuant to
subdivision (a) of this section and subdivision (g) of Section 116415
of the total capital and associated costs and noncapital operation
and maintenance costs related to fluoridation treatments and the
similar estimates provided to those sources offering to provide the
funds set forth in paragraph (1) of subdivision (a) of Section 116415
shall be reasonable, as determined by the department. A registered
civil engineer recognized or employed by the department who is
familiar with the design, construction, operation, and maintenance of
fluoridations systems shall determine for the department whether the
costs are reasonable.
(e) As used in this section and Section 116415, "costs" means only
those costs that require an actual expenditure of funds or
resources, and do not include costs that are intangible or
speculative, including, but not limited to, opportunity or
indemnification costs.
(f) Any public water system with multiple water sources, when
funding is not received to fluoridate all sources, is exempt from
maintaining otherwise required fluoridations levels in areas
receiving any nonfluoridated water. The exemption shall be in effect
only until the public water system receives funding to fluoridate the
entire water system and the treatment facilities are installed and
operational.
116415. (a) (1) A public water system is not required to fluoridate
pursuant to Section 116410, or the regulations adopted thereunder by
the department, in any of the following situations:
(A) If the public water system is listed on the schedule to
implement a fluoridation program pursuant to paragraph (4) of
subdivision (b) of Section 116410 and funds are not offered pursuant
to a binding contractual offer to the public water system sufficient
to pay the capital and associated costs from any outside source. As
used in this section, "outside source" means a source other than the
system's ratepayers, shareholders, local taxpayers, bondholders, or
any fees or charges levied by the water system.
(B) If the public water system has been offered pursuant to a
binding contractual offer the capital and associated funds necessary
for fluoridation as set forth in subparagraph (A) and has completed
the installation of a fluoridation system, however, in any given
fiscal year (July 1-June 30, inclusive) funding is not available to
the public water system sufficient to pay the noncapital operation
and maintenance costs described in subdivision (g) from any outside
source other than the system's ratepayers, shareholders, local
taxpayers, bondholders, or any fees or charges levied by the water
system. A binding contractual offer to provide funds for 12 months,
without regard to fiscal year, of noncapital operation and
maintenance costs shall render a water system unqualified for an
exemption under this subparagraph for that year.
(C) If the funding provided by an outside source for capital and
associated costs is depleted prior to completion of the installation
of a fluoridation system and funds sufficient to complete the
installation have not been offered pursuant to a binding contractual
offer to the public water system by an outside source. In the event
of a disagreement between the public water system and an outside
funding source about the reasonableness of additional capital and
associated costs, in order to qualify for an exemption under this
subparagraph the costs overruns must be found to be reasonable by a
registered civil engineer recognized or employed by the department
who is familiar with the design, construction, operation, and
maintenance of fluoridation systems.
(2) Each year the department shall prepare and distribute a list
of those water systems that do not qualify for exemption under this
section from the fluoridation requirements of Section 116410. This
list shall include water systems that have been offered, have
received, or are expected to receive, sufficient funding for capital
and associated costs so as to not qualify for exemption under
subparagraph (A) of paragraph (1), and have either (A) been offered
or have received, or anticipate receiving, sufficient noncapital
maintenance and operation funding pursuant to subdivision (g), or (B)
have not yet completed the installation of a fluoridation system, so
that they do not qualify for exemption under subparagraph (B) of
paragraph (1).
(3) Any water system that has been offered pursuant to a binding
contractual offer the funds necessary for fluoridation as set forth
in subparagraph (A) of paragraph (1), and is not included in the list
pursuant to paragraph (2), may elect to exercise the option not to
fluoridate during the following fiscal year pursuant to subparagraph
(B) of paragraph (1) by so notifying the department by certified mail
on or before June 1.
(4) The permit issued by the department for a public water system
that is scheduled to implement fluoridation pursuant to paragraph (4)
of subdivision (b) of Section 116410 shall specify whether it is
required to fluoridate pursuant to Section 116410, or whether it has
been granted an exemption pursuant to either subparagraph (A) or
subparagraph (B) of paragraph (1).
(b) The department shall enforce Section 116410 and this section,
and all regulations adopted pursuant to these sections, unless
delegated pursuant to a local primary agreement.
(c) If the owner or operator of any public water system subject to
Section 116410 fails, or refuses, to comply with any regulations
adopted pursuant to Section 116410, or any order of the department
implementing these regulations, the Attorney General shall, upon the
request of the department, institute mandamus proceedings, or other
appropriate proceedings, in order to compel compliance with the
order, rule, or regulation. This remedy shall be in addition to all
other authorized remedies or sanctions.
(d) Neither this section nor Section 116410 shall supersede
subdivision (b) of Section 116410.
(e) The department shall seek all sources of funding for
enforcement of the standards and capital cost requirements
established pursuant to this section and Section 116410, including,
but not limited to, all of the following:
(1) Federal block grants.
(2) Donations from private foundations.
Expenditures from governmental sources shall be subject to
specific appropriation by the Legislature for these purposes.
(f) A public water system with less than 10,000 service
connections may elect to comply with the standards, compliance
requirements, and regulations for fluoridation established pursuant
to this section and Section 116410.
(g) Costs, other than capital costs, incurred in complying with
this section and Section 116410, including regulations adopted
pursuant to those sections, may be paid from federal grants, or
donations from private foundations, for these purposes. Each public
water system that will incur costs, other than capitalization costs,
as a result of compliance with this section and Section 116410, shall
provide an estimate to the department of the anticipated total
annual operations and maintenance costs related to fluoridation
treatment by January 1 of each year.
(h) A public water system subject to the jurisdiction of the
Public Utilities Commission shall be entitled to recover from its
customers all of its capital and associated costs, and all of its
operation and maintenance expenses associated with compliance with
this section and Section 116410. The Public Utilities Commission
shall approve rate increases for an owner or operator of a public
water system that is subject to its jurisdiction within 45 days of
the filing of an application or an advice letter, in accordance with
the commission's requirements, showing in reasonable detail the
amount of additional revenue required to recover the foregoing
capital and associated costs, and operation and maintenance expenses.
