SECTIONS 116409-116415

116409.  The Legislature finds and declares all of the following: (a) Promotion of the public health of Californians of all ages byprotection and maintenance of dental health through the fluoridationof drinking water is a paramount issue of statewide concern. (b) It is the intent of the Legislature in enacting this articleto preempt local government regulations, ordinances, and initiativesthat prohibit or restrict the fluoridation of drinking water bypublic water systems with 10,000 or more service connections, withoutregard to whether the public water system might otherwise be exemptfrom Section 116410 or the requirements of this section, pursuant toSection 116415. (c) It is further the intent of the Legislature in establishingthis article to decrease the burden the Medi-Cal and the Denti-Calprograms place upon the state's limited funds.116410.  (a) Each public water system with at least 10,000 serviceconnections and with a natural level of fluorides that is less thanthe minimum established in the regulations adopted pursuant to thissection shall be fluoridated in order to promote the public health ofCalifornians of all ages through the protection and maintenance ofdental health, a paramount issue of statewide concern. The departmentshall adopt regulations pursuant to Chapter 3.5 (commencing withSection 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 atleast 10,000 service connections shall provide to the department anestimate of the total capital costs to install fluoridationtreatment. The regulations adopted by the department shall takeeffect on January 1, 1997. Capital costs estimates are no longerrequired after installation of the fluoridation treatment equipment. (b) The regulations shall include, but not be limited to, thefollowing: (1) Minimum and maximum permissible concentrations of fluoride tobe maintained by fluoridation of public water systems. (2) The requirements and procedures for maintaining properconcentrations of fluoride, including equipment, testing,recordkeeping, and reporting. (3) Requirements for the addition of fluorides to public watersystems in which the natural level of fluorides is less than theminimum level established in the regulations. (4) A schedule for the fluoridation of public water systems withat least 10,000 service connections, based on the lowest capital costper 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 publicwater systems receiving funding from private sources must fluoridatetheir water. Available funds may be offered to any system on theschedule. (d) The estimates provided to the department pursuant tosubdivision (a) of this section and subdivision (g) of Section 116415of the total capital and associated costs and noncapital operationand maintenance costs related to fluoridation treatments and thesimilar estimates provided to those sources offering to provide thefunds set forth in paragraph (1) of subdivision (a) of Section 116415shall be reasonable, as determined by the department. A registeredcivil engineer recognized or employed by the department who isfamiliar with the design, construction, operation, and maintenance offluoridations systems shall determine for the department whether thecosts are reasonable. (e) As used in this section and Section 116415, "costs" means onlythose costs that require an actual expenditure of funds orresources, and do not include costs that are intangible orspeculative, including, but not limited to, opportunity orindemnification costs. (f) Any public water system with multiple water sources, whenfunding is not received to fluoridate all sources, is exempt frommaintaining otherwise required fluoridations levels in areasreceiving any nonfluoridated water. The exemption shall be in effectonly until the public water system receives funding to fluoridate theentire water system and the treatment facilities are installed andoperational.116415.  (a) (1) A public water system is not required to fluoridatepursuant to Section 116410, or the regulations adopted thereunder bythe department, in any of the following situations: (A) If the public water system is listed on the schedule toimplement a fluoridation program pursuant to paragraph (4) ofsubdivision (b) of Section 116410 and funds are not offered pursuantto a binding contractual offer to the public water system sufficientto pay the capital and associated costs from any outside source. Asused in this section, "outside source" means a source other than thesystem's ratepayers, shareholders, local taxpayers, bondholders, orany fees or charges levied by the water system. (B) If the public water system has been offered pursuant to abinding contractual offer the capital and associated funds necessaryfor fluoridation as set forth in subparagraph (A) and has completedthe installation of a fluoridation system, however, in any givenfiscal year (July 1-June 30, inclusive) funding is not available tothe public water system sufficient to pay the noncapital operationand maintenance costs described in subdivision (g) from any outsidesource other than the system's ratepayers, shareholders, localtaxpayers, bondholders, or any fees or charges levied by the watersystem. A binding contractual offer to provide funds for 12 months,without regard to fiscal year, of noncapital operation andmaintenance costs shall render a water system unqualified for anexemption under this subparagraph for that year. (C) If the funding provided by an outside source for capital andassociated costs is depleted prior to completion of the installationof a fluoridation system and funds sufficient to complete theinstallation have not been offered pursuant to a binding contractualoffer to the public water system by an outside source. In the eventof a disagreement between the public water system and an outsidefunding source about the reasonableness of additional capital andassociated costs, in order to qualify for an exemption under thissubparagraph the costs overruns must be found to be reasonable by aregistered civil engineer recognized or employed by the departmentwho is familiar with the design, construction, operation, andmaintenance of fluoridation systems. (2) Each year the department shall prepare and distribute a listof those water systems that do not qualify for exemption under thissection from the fluoridation requirements of Section 116410. Thislist shall include water systems that have been offered, havereceived, or are expected to receive, sufficient funding for capitaland associated costs so as to not qualify for exemption undersubparagraph (A) of paragraph (1), and have either (A) been offeredor have received, or anticipate receiving, sufficient noncapitalmaintenance and operation funding pursuant to subdivision (g), or (B)have not yet completed the installation of a fluoridation system, sothat they do not qualify for exemption under subparagraph (B) ofparagraph (1). (3) Any water system that has been offered pursuant to a bindingcontractual offer the funds necessary for fluoridation as set forthin subparagraph (A) of paragraph (1), and is not included in the listpursuant to paragraph (2), may elect to exercise the option not tofluoridate during the following fiscal year pursuant to subparagraph(B) of paragraph (1) by so notifying the department by certified mailon or before June 1. (4) The permit issued by the department for a public water systemthat is scheduled to implement fluoridation pursuant to paragraph (4)of subdivision (b) of Section 116410 shall specify whether it isrequired to fluoridate pursuant to Section 116410, or whether it hasbeen granted an exemption pursuant to either subparagraph (A) orsubparagraph (B) of paragraph (1). (b) The department shall enforce Section 116410 and this section,and all regulations adopted pursuant to these sections, unlessdelegated pursuant to a local primary agreement. (c) If the owner or operator of any public water system subject toSection 116410 fails, or refuses, to comply with any regulationsadopted pursuant to Section 116410, or any order of the departmentimplementing these regulations, the Attorney General shall, upon therequest of the department, institute mandamus proceedings, or otherappropriate proceedings, in order to compel compliance with theorder, rule, or regulation. This remedy shall be in addition to allother authorized remedies or sanctions. (d) Neither this section nor Section 116410 shall supersedesubdivision (b) of Section 116410. (e) The department shall seek all sources of funding forenforcement of the standards and capital cost requirementsestablished 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 tospecific appropriation by the Legislature for these purposes. (f) A public water system with less than 10,000 serviceconnections may elect to comply with the standards, compliancerequirements, and regulations for fluoridation established pursuantto this section and Section 116410. (g) Costs, other than capital costs, incurred in complying withthis section and Section 116410, including regulations adoptedpursuant to those sections, may be paid from federal grants, ordonations from private foundations, for these purposes. Each publicwater system that will incur costs, other than capitalization costs,as a result of compliance with this section and Section 116410, shallprovide an estimate to the department of the anticipated totalannual operations and maintenance costs related to fluoridationtreatment by January 1 of each year. (h) A public water system subject to the jurisdiction of thePublic Utilities Commission shall be entitled to recover from itscustomers all of its capital and associated costs, and all of itsoperation and maintenance expenses associated with compliance withthis section and Section 116410. The Public Utilities Commissionshall approve rate increases for an owner or operator of a publicwater system that is subject to its jurisdiction within 45 days ofthe filing of an application or an advice letter, in accordance withthe commission's requirements, showing in reasonable detail theamount of additional revenue required to recover the foregoingcapital and associated costs, and operation and maintenance expenses.