Agenda packet — Lakeport City Council, May 6, 2025

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL

DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT, THE LAKEPORT GROUNDWATER SUSTAINABILITY AGENCY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT

REDEVELOPMENT AGENCY)
Tuesday, May 6, 2025 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of May 6, 2025 Page 2
AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING

AGENCY OF LAKEPORT, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, May 6, 2025, 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

Move to accept agenda as posted or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve the minutes of the City Council regular meeting of April 15, 2025.

C. Application 2025-024: Approve application 2025-024, with staff recommendations, for the 2025 Concerts in the Park.

D. Application 2025-025: Approve application 2025-025, with staff recommendations, for the Lake County Pride Health Fair.

E. Application 2025-026: Approve application 2025-026, with staff recommendations, for the street closure for the Vet Connect award presentation to the County.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonight’s agenda. Per Government Code §54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

B. Proclamation: Presentation of a Proclamation designating May 1-7, 2025 as Elks Youth Week in the City of Lakeport.

C. Proclamation: Presentation of a Proclamation designating May 11-17, 2025 as National Police Week in the City of Lakeport.

D. Proclamation: Presentation of a Proclamation designating May 4-10, 2025 as National Small Business Week in the City of Lakeport.

E. Presentation: Presentation by the Lake County Land Trust F. Presentation: Supervisor Sabatier will present the Annual Update of PEG TV.

VI. PUBLIC HEARINGS:

City Council Agenda of May 6, 2025 Page 3
A. Cross Connection Ordinance:

1. Introduce the proposed ordinance amending Chapter 13.08 of the Lakeport Municipal Code and set a second reading for May 20, 2025; and

2. Approve the Cross Connection Control Plan as proposed.

VII. COUNCIL BUSINESS:

A. Utilities Director

1. Water Shut-off Policy: Authorize the amendment to the Administrative Policy – Utilities Billing.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s ability to post the documents before the meeting.

The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
City Council Minutes of April 15, 2025 Page 2

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING

AGENCY OF LAKEPORT, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, April 15, 2025, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Costa called the meeting to order at 6 p.m., with Mayor Costa, Council Members Disney, Mattina, Parlet, and Price present
II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Valerie Stallings.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to accept agenda as posted.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve the minutes of the City Council regular meeting of April 1, 2025.

C. Warrants: Approve the Warrant register of 04/03/2025.

D. Application 2025-019: Approve application 2025-019, with staff recommendations, for the 2025 Memorial Day Parade.

E. Application 2025-022: Approve application 2025-022, with staff recommendations, for the Soper Reese Groundbreaking.

F. Application 2025-023: Approve application 2025-023, with staff recommendations, for the 2025 Farmers’ Market in Library Park.

Vote on the Consent Agenda: A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to approve the Consent Agenda, items A-F.
**A short recess was observed to work on technical difficulties with audio equipment**
V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: There was no input offered by the public.

B. Presentation: Valerie Stallings, owner of Send Rover on Over - Doggie Daycare, gave a presentation on an upcoming Fun Run & Fundraiser benefiting unhoused canines around Lake County. She gave a detailed account of various incidents of people and animals receiving injury due to unhoused or unleashed animals.

City Council Minutes of April 15, 2025 Page 3
VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. Community Development Director

1. Parkside Final Parcel Map Mayor Costa recused herself from discussion on this item due to the project proximity to her residence. Councilmember Price recused herself due to personal financial interest in the area. Costa and Price exited the City Council Chamber.

The staff report was presented by Community Development Director Hejnowicz and Planning Associate Fernandez.

Michael Froio stated that the proposed emergency access bridge should be a vehicular bridge and asked the Council to consider imposing this.

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 3-0-0-2 to adopt a resolution approving the Parkside Final Parcel Map.

B. Public Works Director

1. 10th Street Sidewalk
Update:

Public Works Director Ladd provided an update on the progress of the Tenth Street Pedestrian Improvement Project at the intersection of Tenth Street and North Street.

C. City Manager

1. FY 2024-25
Accomplishments
City Manager Ingram gave an update on accomplishments and progress towards the fulfillment of FY 24/25 Departmental Goals.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

City Attorney Ruderman attended the Cal. City's legal advocacy Committee meeting on March 21, to discuss the number of cases that Cal Cities is considering, joining as an amicus brief.

City Manager Ingram had no report.

Police Chief Stoebe reported that the National Prescription Drug Take Back event will be held on Saturday, the 26th from 10 am to 2 pm.

Public Works Director Ladd had no report.

Community Development Director Hejnowicz reported that the Redwood Regional Economic Summit will be held in Lakeport in November.

Administrative Services Director Buendia reported that the Anti-Harassment training will be held tomorrow at City Hall.

Utilities Director Harris reported that the open house at the water treatment plant will be on May 7th, 2025.

Council Member Price had no report.

Council Member Parlet attended the Lake APC meeting where they viewed a presentation from the Northern Regional Energy Network. He also advised that there are Energy Efficiency Kits available at their website: https://northernren.org/.

Council Member Disney attended the Lake County Recreation Agency meeting where they discussed a Konocti Challenge event. He will also meet with Congressman Thompson and other business leaders on Wednesday to discuss the state of the economy in Lake County.

City Council Minutes of April 15, 2025 Page 4
Council Member Mattina had no report.

Mayor Costa attended the Children’s Festival last Saturday. She will be volunteering for the Splash-In event, and will attend the Soper Reese Groundbreaking on April 26, 2025. She will also give a presentation to the Rotary Club regarding child abuse prevention.

CLOSED SESSION: The City Council adjourned to closed session at 7:55 p.m.

1. Conference with Labor Negotiator
(Gov. Code § 54956.9(d)(1))
Name of City Negotiators:

Administrative Services Director Buendia and Margaret Long Employee Organization: Lakeport Police Officers’ Association (LPOA) REPORT OUT OF CLOSED SESSION: There was no report out of closed session.

ADJOURNMENT: Mayor Costa adjourned the meeting at 9:18 p.m. _______________________________________
Kim Costa, Mayor
Attest:
__________________________________
Kelly Buendia, City Clerk

Outlook
RE: Summer Concerts in the Park - Partial Closure of Park Street From Ron Ladd <[email protected]>
Date Thu 4/10/2025 10:29 AM
To Hilary Britton <[email protected]>; Dale Stoebe <[email protected]> Cc Kelly Buendia <[email protected]>; Kevin Ingram <[email protected]> The spaces within the closure would need to be posted “no parking” 48hrs in advance to be enforceable. Will BiCoastal set up and take down the barricades for the closure? Ron
From: Hilary Britton <[email protected]>
Sent: Thursday, April 10, 2025 10:12 AM
To: Dale Stoebe <[email protected]>; Ron Ladd <[email protected]> Cc: Kelly Buendia <[email protected]>; Kevin Ingram <[email protected]> Subject: Summer Concerts in the Park - Partial Closure of Park Street Good Morning Ron & Dale,
Attached is the application for the Summer Concerts in the Park. Paul Thomas has requested that we partially close Park Street to allow food truck vendors to set up on Park. The reserved handicap spots would be on Third Street.

Do either of you have any concerns or reservations about this change? Thanks,
Hilary
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Outlook
Re: Summer Concerts in the Park - Partial Closure of Park Street From Hilary Britton <[email protected]>
Date Thu 4/10/2025 10:48 AM
To Ron Ladd <[email protected]>; Dale Stoebe <[email protected]> Cc Kelly Buendia <[email protected]>; Kevin Ingram <[email protected]> Yes, Paul advised that his crew would be willing to set up & tear down the barricades.

Do either of you have any concerns or reservations about this change? Thanks,
Hilary
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Outlook
Re: Summer Concerts in the Park - Partial Closure of Park Street From Dale Stoebe <[email protected]>
Date Thu 4/10/2025 12:06 PM
To Ron Ladd <[email protected]>; Hilary Britton <[email protected]> Cc Kelly Buendia <[email protected]>; Kevin Ingram <[email protected]> the Police Department has no issues with road closure.

Dale Stoebe
Chief of police
Lakeport Police Department
2025 S Main St.

Lakeport, CA 95453
(707)263-9654direct/(707)264-9296mobile(707)263-3846fax CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Ron Ladd <[email protected]>
Sent: Thursday, April 10, 2025 11:40:05 AM
To: Hilary Britton <[email protected]>; Dale Stoebe <[email protected]> Cc: Kelly Buendia <[email protected]>; Kevin Ingram <[email protected]> Subject: RE: Summer Concerts in the Park - Partial Closure of Park Street I have no issues with these changes.

Ron
From: Hilary Britton <[email protected]>
Sent: Thursday, April 10, 2025 10:48 AM
To: Ron Ladd <[email protected]>; Dale Stoebe <[email protected]> Cc: Kelly Buendia <[email protected]>; Kevin Ingram <[email protected]> Subject: Re: Summer Concerts in the Park - Partial Closure of Park Street Yes, Paul advised that his crew would be willing to set up & tear down the barricades.

Do either of you have any concerns or reservations about this change? Thanks,
Hilary
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Outlook
FW: Application 2025-024 - Summer Concerts in the Park
From Lake County Sheriff - Records <[email protected]> Date Thu 4/10/2025 11:07 AM
To Hilary Britton <[email protected]>
From: Richard Ward <[email protected]>
Sent: Thursday, April 10, 2025 10:59 AM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2025-024 - Summer Concerts in the Park No concerns from the Sheriff’s Office.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

P.O. Box 489
Lakeport, Ca. 95453
(707) 262-4081 Desk
(707) 262-4220 Fax
(707) 262-4200 Administration
[email protected]
www.lakesheriff.com
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Lake County Sheriff - Records <[email protected]> Sent: Thursday, April 10, 2025 10:06 AM
To: Richard Ward <[email protected]>
Subject: FW: Application 2025-024 - Summer Concerts in the Park Sierra Baker
Senior Records Technician
www.lakesheriff.com P: 707-262-4200
1220 Martin St F:707-262-4204
Lakeport, CA 95453 Dispatch: 707-263-2690
From: Hilary Britton <[email protected]>
Sent: Thursday, April 10, 2025 10:05 AM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2025-024 - Summer Concerts in the Park Good Morning,
Please find attached application 2025-024 for Summer Concerts in the Park for your review and comments.

We would like to submit this for City Council approval at the 05/20/2025 Council meeting, so please have your comments back to me by 05/10/2025.

Thank you for your input.

Pop Up Vendors
Pop Up Vendors
Vendors + Food Trucks
Maintain 5 feet wide Path of Travel
Skatepark
Ninja Gym
Basketball Court
Splash Pad
Lawn Area
Lawn Area
Gazebo
Restrooms + SnackShack
Covered Tables
Covered Tables
Covered Tables
Outdoor Cooking Area
Clear Lake
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
Xabatin
Community Park
Map Prepared by City of Lakeport
Public Works Department
[email protected]

5.22.2024
q
Legend
Vendors + Food Trucks
PopUp Vendors
Xabatin Park structures
Play Areas
Xabatin Park Lawn Areas
Public Parking
$"Silveira Community Center
Splash Pa plash Pad
Vendors + Food Tr uc oodTrucks
Gazebo
Pop Up Vendors
Pop Up Vendors
Outlook
FW: Application 2025-025 - 2025 Lake County Pride Health Fair From Lake County Sheriff - Records <[email protected]> Date Thu 4/24/2025 1:20 PM
To Hilary Britton <[email protected]>
From: Richard Ward <[email protected]>
Sent: Thursday, April 24, 2025 1:08 PM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2025-025 - 2025 Lake County Pride Health Fair No concerns from the Sheriff’s Office.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

From: Lake County Sheriff - Records <[email protected]> Sent: Friday, April 18, 2025 9:19 AM
To: Richard Ward <[email protected]>
Subject: FW: Application 2025-025 - 2025 Lake County Pride Health Fair Sierra Baker
Senior Records Technician
www.lakesheriff.com P: 707-262-4200
1220 Martin St F:707-262-4204
Lakeport, CA 95453 Dispatch: 707-263-2690
From: Hilary Britton <[email protected]>
Sent: Thursday, April 17, 2025 2:20 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2025-025 - 2025 Lake County Pride Health Fair Good Afternoon,
Please find attached application 2025-025 for the 2025 Lake County Pride Health Fair for your review and comments.

We would like to submit this for City Council approval at the 05/06/2025 meeting, so please have your comments back by 04/24/2025.

Thank you for your input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me

Outlook
RE: Application 2025-026 - Street Closure for Plaque Presentation to County From Dale Stoebe <[email protected]>
Date Fri 4/18/2025 1:03 PM
To Hilary Britton <[email protected]>
Police Department recommends that parking spaces be barricaded as early as possible. Otherwise, we have no issues with this event.

Dale D Stoebe
Chief of Police
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

From: Hilary Britton <[email protected]>
Sent: Thursday, April 17, 2025 2:29 PM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: Application 2025-026 - Street Closure for Plaque Presentation to County Good Afternoon,
Please find attached the application for "No Parking" on Forbes" for a plaque presentation from Vet Connect to the County for your review and comments.

We would like to submit this for City Council approval at the 05/06/2025 Council meeting, so please have your comments back to me by 04/24/2025.

Thank you for your input.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

From: Lake County Sheriff - Records <[email protected]> Sent: Friday, April 18, 2025 9:19 AM
To: Richard Ward <[email protected]>
Subject: FW: Application 2025-026 - Street Closure for Plaque Presentation to County Sierra Baker
Senior Records Technician
www.lakesheriff.com P: 707-262-4200
1220 Martin St F:707-262-4204
Lakeport, CA 95453 Dispatch: 707-263-2690
From: Hilary Britton <[email protected]>
Sent: Thursday, April 17, 2025 2:29 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2025-026 - Street Closure for Plaque Presentation to County Good Afternoon,
Please find attached the application for "No Parking" on Forbes" for a plaque presentation from Vet Connect to the County for your review and comments.

We would like to submit this for City Council approval at the 05/06/2025 Council meeting, so please have your comments back to me by 04/24/2025.

Thank you for your input.

Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Proclamation
DESIGNATING May 1-7, 2025, as Elks Youth Week in the City of Lakeport WHEREAS, Lakeport Elks Lodge #2704 will sponsor an observance of the national Benevolent and Protective Order of Elks’ Elks Youth Week, May 1-7, 2025, to honor America’s junior citizens for their accomplishments, and to give fitting recognition of their services to community, state, and nation; and WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation’s greatest resource, and who in the years ahead will assume the responsibility for the advancement of our free society; and
WHEREAS, our youth need the guidance, inspiration and encouragement which only we can give, in cooperation with other local agencies and partners, in order to help develop those qualities of character essential for future leadership roles in our nation and communities; and
WHEREAS, for over 19 years Lakeport Elks Lodge has promoted the annual Elk National Americanism Essay Contest, which is open to all students in the fifth through eighth grades. In 2023 150 essays were submitted, with a Lake County student placing Third at the State level finals; and WHEREAS, this year Lakeport Elks had a fun turnout as they participated in the Elks National Hoop Shoot which has been unleashing gritty kids for over 50 years for youth ages 8-13. Hoop Shoot is committed to making contests fully inclusive and safe for all our participants and volunteers; and WHEREAS, Lakeport Elks Lodge #2704 is giving $4000 in scholarships to 5 outstanding seniors from Lake County’s three public high schools this year; and
WHEREAS, The Elks Drug Awareness Program (DAP) has been recognized as the largest all-volunteer drug awareness program in the Unites States. Elks believe that to ensure a bright future for our country, it is essential that our children be raised in a drug-free environment; and WHEREAS, Lakeport Elks Lodge #2704 participates in the Lake County Sheriff’s Activities League, (SAL) which builds relationships between law enforcement and local youth through sporting activities.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Lakeport does hereby designate the week of May 1 -7, 2025, as
Elks Youth Week
in the City of Lakeport and encourages everyone to join in the celebration!.

I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 6th day of May 2025.
_________________________________
Kim Costa, Mayor
Proclamation OF THE CITY COUNCIL OF THE CITY OF LAKEPORT To recognize National Police Week 2025 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy.

WHEREAS, there are more than 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Lakeport Police Department; and WHEREAS, since the first recorded death in 1786, more than 24,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, DC; and
WHEREAS, 345 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 148 officers killed in 2024, and 197 officers killed in previous years; and WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s 36th Annual Candlelight Vigil, on the evening of May 13, 2025; and WHEREAS, the Candlelight Vigil is part of National Police Week, which will be observed this year May 11 th – 17th; and
WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half-staff;
NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Lakeport does hereby designates May 11-17, 2025, as
National Police Week
in the City of Lakeport, and publicly salutes the service of law enforcement officers in our community and in communities across the nation.

I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 6th day of May, 2025.
___________________________
KIM COSTA, Mayor
Proclamation
DESIGNATING May 4-10, 2025, as National Small Business Week in the City of Lakeport WHEREAS, America's progress has been driven by pioneers who think big, take risks and work hard; and
WHEREAS, from the storefront shops that anchor our downtown areas to the high-tech startups that keep America on the cutting edge, small businesses are the backbone of our economy and the cornerstone of our nation's promise; and
WHEREAS, small business owners and downtown businesses have energy and a passion for what they do, when we support small businesses, jobs are created and local communities preserve their unique culture; and
WHEREAS, because this country's nearly 35 million small businesses create roughly half of all jobs in our economy, we cannot resolve to create jobs and spur economic growth without discussing ways to support entrepreneurs; and
WHEREAS, Small Business Week serves as an opportunity to acknowledge the contributions of these enterprises and encourage residents to support local businesses by shopping locally, utilizing small business services, and investing in community growth; and WHEREAS, the President of the United States has proclaimed National Small Business Week every year since 1963 to highlight the programs and services available to entrepreneurs through the U.S.

Small Business Administration and other agencies.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Lakeport does hereby designate the week of May 4 -10, 2025, as
National Small Business Week
in the City of Lakeport and encourages everyone to shop at small local businesses.

I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 6th day of May 2025.
_________________________________
Kim Costa, Mayor
Lake County PEG Board
Annual Update
PEG: Annual Update
• Board Members
• Clearlake – Mary Wilson
• Lakeport – Christina Price
• County of Lake – Bruno Sabatier
• Education – Kevin Mack
• Public – Elaine Brown
• Station Manager
• Thomas Dewalt
• Assistant Station Manager
• Cheyenne Blue
PEG: Annual Update
• Budget 24-25
• Operating Budget
• Revenues
• $52,000
• City of Clearlake
• $10,000
• City of Lakeport
• $2,000
• County of Lake
• $25,000
PEG: Annual Update
• Budget 24-25
• Operating Budget
• Expenses
• $43,000
• Station Manager
• $28,000
• Editor
• $4,800
• Facilities/Insurance
• $10000
PEG: Annual Update
• Budget 24-25
• Capital Budget
• Revenue
• Pass Through
• $48,000
• Expenses
• Equipment
• $32,000
PEG: Annual Update
• Current Activities
• Support local events
• Sound System
• Videography
• Support local MACs
• Mobile A/V Unit
• Kingdom Games PodCast
PEG: Annual Update
• Future Activities
• Work with schools
• Increase operational budget
• Increase viewers
• Activate Lakeport PEG connection
• Pursue partnerships
• News show
• KPFZ prospect
Meeting Date: May 6, 2025 Page 1 Agenda Item #VI.A
396409.1

CITY OF LAKEPORT
City Council 
City of Lakeport Municipal Sewer District 
Lakeport Redevelopment Successor Agency 

STAFF REPORT
RE: First Reading of Proposed Amendments to the Lakeport Municipal Code for Water System Cross-Connection Control MEETING DATE: 5/6/2025
SUBMITTED BY: Paul Harris, Utilities Director
PURPOSE OF REPORT:  Information only  Discussion  Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to conduct a public hearing and waive the first reading of an ordinance amending sections 13.08.030, 13.08.050, and 13.08.060 of Lakeport Municipal Code Chapter 13.08 – Cross-Connection Control.

BACKGROUND/DISCUSSION:

On December 19, 2023, the State Water Board adopted the Cross-Connection Control Policy Handbook (CCCPH) which took effect on July 1, 2024, and replaces the cross-connection control regulations found in California Code of Regulations (CCR) Title 17. All California public water systems (PWS) are required to comply with the requirements in the CCCPH. The primary objective of the CCCPH is the protection of public health through the establishment of standards intended to ensure drinking water supplies are protected from hazards associated with the backflow of unknown substances into the distribution system.

The recently adopted CCCPH effectively repealed and replaced previous cross-connection regulations codified in Title 17 of the California Code of Regulations. Certain sections of Chapter 13.08 of the Municipal Code contain references to these outdated and repealed Title 17 regulations, and therefore must be amended to reflect current law.

The CCCPH, among other things, requires that all public water systems (community, non-transient noncommunity, and transient non-community water systems) adopt a Cross-Connection Control Program and submit a Cross-Connection Control Plan to their local District or LPA office by July 1, 2025. This draft Cross-Connection Control Program is attached and contains the 10 required elements and implementation. Staff is currently in the process of drafting the Cross-Connection Control Plan. The CCCPH is also attached for reference.

ENVIRONMENTAL CONSIDERATIONS:

Adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public and private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; Section 15302, which exempts the replacement or reconstruction of existing structures and facilities; and Section 15308, which exempts actions taken to assure the maintenance, restoration, enhancement, or protection of the environment Meeting Date: May 6, 2025 Page 2 Agenda Item #VI.A
396409.1
where the regulatory process involves procedures for the protection of the environment. Additionally, because this Ordinance implements requirements of State law which already previously required cross-connection and backflow prevention, it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3).

OPTIONS:

1. After conducting the public hearing, introduce and waive the first reading of the proposed ordinance amending sections 13.08.030, 13.08.050, and 13.08.060 of Chapter 13.08 of the Lakeport Municipal Code and schedule a second reading for consideration of adoption.

2. After conducting the public hearing, direct staff to revise the proposed ordinance.

3. After conducting the public hearing, do not introduce and waive the first reading of the proposed ordinance.

FISCAL IMPACT:
 None  $ Budgeted Item?  Yes  No
Budget Adjustment Needed?  Yes  No If yes, amount of appropriation increase: $ Affected fund(s):  General Fund  Water OM Fund  Sewer OM Fund  Other:

Comments: None
SUGGESTED MOTION:

Move to introduce and waive first reading of the proposed ordinance amending sections 13.08.030, 13.08.050, and 13.08.060 of Chapter 13.08 of the Lakeport Municipal Code and set a second reading for May 20, 2025.

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☒ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
 Attachments: 1. Draft Cross-Connection Control Ordinance amending sections 13.08.030,

13.08.050, and 13.08.060 of Chapter 13.08 of the Municipal Code.

2. Draft City of Lakeport Cross Connection Control Program

3. Cross Connection Control Policy Handbook (CCCPH)
396668.1
ORDINANCE 25-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SECTIONS 13.08.030, 13.08.050, AND 13.08.060 OF CHAPTER 13.08 (“CROSS-CONNECTION CONTROL”) OF TITLE 13 (“PUBLIC SERVICES”) OF

THE LAKEPORT MUNICIPAL CODE REGARDING CROSS-CONNECTION

CONTROL AND FINDING THE ADOPTION OF THE AMENDMENTS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
SECTION 1. CODE AMENDMENT. Section 13.08.030 of Chapter 13.08 of Title 13 is hereby amended to read as follows (additions denoted by underlined text and deletions denoted by struck through text):

13.08.030 Authority.

Under the terms of the city’s water supply permit issued by the State Water Resources Control Board, t The city, as a public water system, is required to comply with the California Safe Drinking Water Act (Health & Safety Code, § 116270, et seq.) as well as the Cross-Connection Control Policy Handbook (CCCPH) adopted by the State Water Resources Control Board Title 17 of the California Code of Regulations (“CCR Title 17”) regarding cross-connection control, as may be amended or revised from time to time. The state regulations imposed by the State Water Resources Control Board are necessary to ensure that the city’s water supply is protected from harmful contaminants and pollutants resulting from backflow. The utilities director or appointed designee shall be responsible for implementing and enforcing the CCCPH through the City of Lakeport’s Cross-Connection Control Program and Cross-Connection Control Plan.

SECTION 2. CODE AMENDMENT. Section 13.08.050 of Chapter 13.08 of Title 13 is hereby amended to read as follows (additions denoted by underlined text and deletions denoted by struck through text):

13.08.050 Approved standards for cross-connection control devices.

The term “approved backflow prevention device” shall mean a device that appears on the current list of approved devices published by the California Code of Regulations, Title 17, Sections 7583 through 7605 and that have been manufactured in full conformance with the standards established by the American 396668.1
Water Works Association (AWWA) entitled: AWWA506-78 (R83) Standards for Reduced Pressure and Double Check Valve Backflow Prevention Devices.

An appropriate backflow prevention assembly shall be installed by and at the expense of the water user at each user connection where required to prevent backflow from the water user’s premises to the city water system. It shall be the water user’s responsibility to comply with the city’s requirements pursuant to the CCCPH and the City of Lakeport’s Cross-Connection Control Program and CrossConnection Control Plan.

All presently installed devices not meeting the current standards but being approved devices at the time of installation and being properly maintained shall remain approved until such time as they require moving or replacement as determined by the cross-connection control coordinator or utilities director or designated agent. If a device is to be moved or replaced it shall be replaced with device currently approved.

SECTION 3. CODE AMENDMENT. Section 13.08.060 of Chapter 13.08 of Title 13 is hereby amended to read as follows (additions denoted by underlined text and deletions denoted by struck through text):

13.08.060 Mitigation and prevention.

A. No Cross-Connection Allowed. It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily, or permanently, for any period of time whenever, any crossconnection between plumbing pipes or water fixtures being served with water by the city and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow into the city water system and/or service of water pipes or fixtures of any user of the city water system. Each property owner shall complete a cross-connection control survey when requested by the city to do so.

B. Backflow Prevention Devices. Wherever backflow protection has been found necessary on a user connection, then any and all connections to the city water system entering such premises, buildings, or structures shall be protected by approved backflow prevention devices and shall be subject to the following conditions:
396668.1

1. Backflow prevention devices shall be installed, tested, and certified within sixty days of notification by the city to do so.

2. A permit shall be obtained from the city building department prior to installing any devices; the permit fee shall be waived for a period of six months following adoption of the ordinance codified in this chapter.

3. Only backflow prevention devices approved by the Foundation for Cross-connection Control and Hydraulic Research of the University of Southern California shall be approved for installation.

4. Backflow prevention devices shall be selected and installed in a manner prescribed in the CCCPH, as implemented by the City of Lakeport’s CrossConnection Control Program and Cross-Connection Control Plan California Administrative Code, Title 17, Sections 7603 and 7604 or as prescribed by another acceptable authority and plans for which have been approved by the city engineer. The city will establish and maintain a list of approved backflow prevention assemblies as well as a list of approved backflow prevention assembly testers.

5. The State Water Resources Control Board requires that the owners of any premises on which backflow prevention devices are installed shall have the devices tested annually by a certified tester. Reports of such tests shall be filed with the city. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective or substandard and all costs of testing, repair and maintenance shall be borne by the water user.

6. Backflow prevention devices shall be subject to occasional inspection and testing by the city.

C. Type of Backflow Protection Required. The type of protection that shall be provided to prevent backflow into the city water system shall be commensurate with the degree of hazard that exists on the consumer’s premises. The city shall conduct necessary surveys of water user premises to evaluate the types and degrees of hazards at a user’s premises. The type of protective device required (listed in an increasing level of protection) shall be:

Detector-check/double-check valve assembly (DCOC), double check valve assembly (DC), reduced pressure principle backflow prevention device (RP), or an air-gap separation (AG).

The water user may choose a higher level of protection than required by the city.

The minimum types of backflow protection required to protect the approved water 396668.1
supply at the user’s water connection to premises with varying degrees of hazard are listed in the CCCPH. Situations that are not covered in the CCCPH shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the utilities director or appointed designee in accordance with the CCCPH and the City of Lakeport’s Cross-Connection Control Program and CrossConnection Control Plan.

The minimum types of backflow protection required to protect the public water supply are determined by Table 1, below. Situations which are not covered in Table 1 below or are indicated “TBD” shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the city.

TABLE 1

TYPE OF BACKFLOW PROTECTION REQUIRED
Degree of Hazard
Minimum Type
of Backflow
Prevention
(a) Sewage and Hazardous Substances
(1) Premises where there are wastewater pumping and/or
treatment plants and there is no interconnection with the potable water system. This does not include a single- family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and water supplier.

AG
(2) Premises where hazardous substances are handled in any manner in which the substances may enter the potable water system. This does not include a single-family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and water supplier.

AG
(3) Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

RP
(b) Auxiliary Water Supplies
(1) Premises where there is an unapproved auxiliary water supply where there is an auxiliary water supply available such as lake water, rivers, streams, creeks, or secondary auxiliary water storage tanks which has the potential to be AG
396668.1
Degree of Hazard
Minimum Type
of Backflow
Prevention
interconnected with the public water system. An RP may be provided in lieu of an AG if approved by the city of
Lakeport.
(2) Premises where there is an auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the city of Lakeport.

RP
(c) Recycled Water
(1) Premises where the public water system is used to
supplement the recycled water supply.

AG
(2) Premises where recycled water is used, other than as allowed in subsection (c)(3) of this table, and there is no interconnection with the potable water system.

RP
(3) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to Government Code Sections 60313 through 60316 unless the recycled water supplier obtains approval of the local public water supplies, or the State Water Resources Control Board if the water supplier is also the supplier of the recycled water, to utilize an alternative backflow protection plan that includes an annual inspection and annual
shutdown test of the recycled water and potable water
systems pursuant to Government Code Section 60316(a).

DC
(d) Fire Protection Systems
(1) Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).

DC
(2) Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. A RP may be provided in lieu of an AG if approved by the health agency and water supplier.

AG
(3) Premises where the fire system is supplied from the public water system and where either elevated storage tanks DC
396668.1
Degree of Hazard
Minimum Type
of Backflow
Prevention
or fire pumps which take suction from private reservoirs or tanks are used.
(4) Premises where the fire system is supplied from the public water system and where recycled water is used in a separate piping system within the same building.

DC
(e) Dockside Watering Points and Marine Facilities
(1) Pier hydrants for supplying water to vessels for any purpose.

RP
(2) Premises where there are marine facilities. RP
(f) Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that they do not exist.

RP
(g) Premises where there is a repeated history of crossconnections being established or reestablished.RP (h) Protection Against Interstreet Flow
Two or more user connections supplying water from
different street mains to the same building, structure, or premises through which an interstreet flow may occur shall have backflow prevention devices on each user connection.

TBD
SECTION 4. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public and private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; Section 15302, which exempts the replacement or reconstruction of existing structures and facilities; and Section 15308, which exempts actions taken to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment.

Additionally, because this Ordinance implements requirements of State law which already previously required cross-connection and backflow prevention, it can be seen 396668.1
with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3).

SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have passed this and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied.

SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

SECTION 7. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting the entire text.

INTRODUCED and first read at a regular meeting of the City Council on the ____ day of ______________, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

FINAL PASSAGE AND ADOPTION by the City Council of Lakeport occurred at a meeting thereof held on the ____ day of ______________, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________________
Kim Costa, Mayor
ATTEST:
396668.1
_____________________________
Kelly Buendia, City Clerk
City of Lakeport
396408.1
City Of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615
Cross-Connection
Control Program
396408.1 2
Adopted ___Date_________
Cross-Connection Control Program
Accompanying this Cross-Connection Control Program (CCCP) is the Cross-Connection Control Policy Handbook that became effective on July 1, 2024, and will replace the rules and regulations of Title 17.

The purpose of a cross-connection control program is to prevent the occurrence of backflow into a Public Water System (PWS’s) distribution system in order to protect customers from contamination or pollution from any on-site hazards. Properly installed and maintained Backflow Prevention Assemblies (BPAs), devices or methods provide protection against the threat posed by many conditions typically found on a user’s premise.

This CCCP adopted by City of Lakeport is meant to be utilized in conjunction with the CCCPH as an appendix and policy guidelines. The CCCPH provides the basis for regulating the use and management of cross-connection control programs and BPAs in PWSs, and related requirements for supporting programs and policies. Activities or uses outside of the scope of the authority of the State Water Board to regulate PWSs are not regulated by the CCCPH, including California Plumbing Code requirements and definitions not related to PWS’s.

Section 3.1.3 (“Program for Public Water System Cross-Connection Control”) of the CCCPH requires that a PWS must protect the public water supply through implementation and enforcement of a crossconnection control program. Unless otherwise specified by Chapter 3 of the CCCPH or directed by the State Water Board, a PWS may implement its cross-connection control program, in whole or in part, either directly or by way of contract or agreement with another party. The PWS, however, shall not be responsible for abatement of cross-connections which may exist within a user's premises. The crossconnection control program must include at a minimum the following 10 elements:

Element 1-Operating rules or ordinances – Each PWS must have operating rules, ordinances, by-laws or a resolution to implement the cross-connection program. The PWS must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the PWS’s provisions regarding the installation, inspection, field testing, or maintenance of BPAs required pursuant to this Chapter. Such corrective actions must include the PWS’s ability to perform at least one of the following:
(A) deny or discontinue water service to a water user,
(B) install, inspect, field test, and/or maintain a BPA at a water user’s premises, or (C) otherwise address in a timely manner a failure to comply with the cross-connection control program.

City of Lakeport Compliance with Element 1- City of Lakeport will adopt an Ordinance that will provide the necessary authority required for the City to enforce the regulations of the CCCPH. City of Lakeport will utilize the CCCPH as the official Cross-Connection Control Program rules.

Element 2- Cross-Connection Control Program Coordinator – The PWS must designate at least one individual involved in the development of and be responsible for the reporting, tracking, and other administration duties of its cross-connection control program. For PWS with more than 3,000 service connections the Cross-Connection Control Program Coordinator must be a cross-connection control specialist.
396408.1 3
City of Lakeport Compliance with Element 2- City of Lakeport will designate the Utilities Director as the CCCP Coordinator, as well as designate the Utilities Superintendent as the assistant program coordinator. The District has less than 3,000 service connections, however the City will consult a CrossConnection Control Specialist if necessary or required by the State Water Resources Control Board.

Element 3- Hazard Assessments- The PWS must survey its service area and conduct hazard assessments per Article 2 of Chapter 3 of the CCCPH that identifies actual or potential cross-connection hazards, degree of hazard, and any backflow protection needed.

City of Lakeport Compliance with Element 3- City of Lakeport will conduct surveys of its service area and conduct hazard assessments that would identify potential or actual cross-connection hazards, the degree of hazards, and identify any backflow protection needed in accordance with Article 2 of Chapter 3 of the CCCPH.

Element 4- Backflow Prevention- The PWS must ensure that actual and potential cross-connections are eliminated when possible or controlled by the installation of approved BPAs or air-gap separation (AGs) consistent with the requirements of Article 3 of Chapter 3 of the CCCPH.

City of Lakeport Compliance with Element 4- City of Lakeport through a system of customer premises contact, PWS surveys and inspection, will institute the applicable procedures for notification of potential or actual cross-connection hazards, up to and including termination of the service connection to the user’s premises to eliminate or control potential or actual cross-connections consistent with the requirements of Article 3 of Chapter 3 of the CCCPH.

Element 5- Certified Backflow Prevention Assembly Testers and Certified Cross-Connection Control Specialists – The PWS must ensure all BPA testers and cross-connection control specialists used are certified per Article 4 of Chapter 3 of the CCCPH.

City of Lakeport Compliance with Element 5- City of Lakeport will maintain lists of BPA testers and Cross-Connection Control Specialists in accordance with Article 4 of Chapter 3 of the CPPH, and that maintenance will include checking certifications and qualifications of testers and specialists provided to users.

Element 6- Backflow Prevention Assembly Testing – The PWS must develop and implement a procedure for ensuring all BPAs are field tested, inspected, and maintained and AG’s are inspected and maintained in accordance with CCCPH section 3.3.3.

City of Lakeport Compliance with Element 6-City of Lakeport will utilize a database to ensure all BPAs are field tested, inspected, and maintained and AGs are inspected and maintained in accordance with CCCPH section 3.3.3.

Element 7- Recordkeeping – The PWS must develop and implement a recordkeeping system in accordance with CCCPH section 3.5.1.

City of Lakeport Compliance with Element 7- City of Lakeport will continue to utilize our recordkeeping in accordance with CCCPH section 3.5.1.

Element 8-Backflow Incident Response, Reporting and Notification – The PWS must develop and implement procedures for investigating and responding to suspected or actual backflow incidents in accordance with Article 5 of Chapter 3 of the CCCPH.
396408.1 4
City of Lakeport Compliance with Element 8- City of Lakeport will develop and implement procedures for investigating and responding to suspected or actual backflow incidents in accordance with Article 5 of Chapter 3 of the CCCPH within 6 months of the adoption of the CCCP Ordinance.

Element 9-Public Outreach and Education – The PWS must implement a cross-connection control public outreach and education program element that includes educating staff, customers, and the community about backflow protection and cross-connection control. The PWS may implement this requirement through a variety of methods which may include providing information on cross-connection control and backflow protection in periodic water bill inserts, pamphlet distribution, new customer documentation, email, and consumer confidence reports.

City of Lakeport Compliance with Element 9- City of Lakeport will implement a cross-connection control public outreach and education program element that includes educating staff, customers, and the community about backflow protection and cross-connection control. The City will utilize outside technical assistance providers to educate the staff on cross-connection control, and the City will utilize bill inserts, new customer notification, and the consumer confidence report.

Element 10- Local Entity Coordination – The PWS must coordinate with applicable local entities that are involved in either cross-connection control or public health protection to ensure hazard assessments can be performed, appropriate backflow protection is provided and provide assistance in the investigation of backflow incidents. Local entities may include but are not limited to plumbing, permitting, or health officials, law enforcement, fire departments, maintenance, and public and private entities.

City of Lakeport Compliance with Element 10- City of Lakeport will reach out to local entities such as fire departments, correctional facilities, and commercial businesses to provide outreach to ensure the successful implementation of the CCCP.
**City of Lakeport will submit to the SWRCB-DDW, District engineer, program elements, details, databases, recordkeeping plans, and program timeframes for successful implementation after the adoption of the CCCP Ordinance by the City.

State Water Resources Control Board
Cross-Connection Control
Policy Handbook
Standards and Principles for California’s
Public Water Systems
Adopted: December 19, 2023
Effective: July 1, 2024
California Environmental Protection Agency
i
Table of Contents
Acronyms and Abbreviations ........................................................................................................1 Chapter 1 – Policy Overview.........................................................................................................2

1.1 Objective .............................................................................................................................2

1.2 Applicability .........................................................................................................................2

1.3 Policy Development Background and Legal Authorities......................................................2

1.3.1 California Safe Drinking Water Act ...............................................................................2 Chapter 2 – Background on Backflow Protection and Cross-Connection Control ........................6

2.1 What is a Cross-Connection?..............................................................................................6

2.2 Purpose of a Cross-Connection Control Program...............................................................7

2.3 Notes on Applicability of the Cross-Connection Control Policy Handbook..........................7 Chapter 3 – Standards for Backflow Protection and Cross-Connection Control.........................10 Article 1 – Definitions and General Requirements ..................................................................10

3.1.1 Definitions ...................................................................................................................10

3.1.2 Applicability.................................................................................................................14

3.1.3 Program for Public Water System Cross-Connection Control ....................................14

3.1.4 Plan for Public Water System Cross-Connection Control...........................................16 Article 2 – Hazard Assessments and Required Protection......................................................19

3.2.1 Hazard Assessments..................................................................................................19

3.2.2 Backflow Protection Required.....................................................................................20 Article 3 – Backflow Prevention Assemblies ...........................................................................23

3.3.1 Standards for Types of Backflow Protection...............................................................23

3.3.2 Installation Criteria for Backflow Protection ................................................................23

3.3.3 Field Testing and Repair of Backflow Prevention Assemblies and Air Gap Inspection .............................................................................................................................................24 Article 4 – Backflow Prevention Assembly Testers and Cross-Connection Control Specialists ................................................................................................................................................26

3.4.1 Backflow Prevention Assembly Tester Certification ...................................................26

3.4.2 Cross-Connection Control Specialist Certification ......................................................30 Article 5 – Recordkeeping, Backflow Incident Response, and Notification .............................33

3.5.1 Recordkeeping............................................................................................................33

3.5.2 Backflow Incident Response Procedure .....................................................................33

3.5.3 Backflow Incident Notification .....................................................................................34 Appendix .....................................................................................................................................36 ii
Appendix
Appendix A: Assembly Bills 1671 (2017, Chapter 533) and 1180 (2019, Chapter 455) Appendix B: ASME A112.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4
Appendix C: Backflow Prevention Assembly Diagrams
Appendix D: High Hazard Premises
Appendix E: General Range of Knowledge for Cross-Connection Control Specialists Appendix F: Example Backflow Incident Reporting Form
Appendix G: Related Statutes and Regulations
1 Acronyms and Abbreviations
As used in this policy, acronyms and abbreviations reference the following:

Acronym or Abbreviation Meaning
AB Assembly Bill
AG Air Gap separation
BAT Best Available Technology
BPA Backflow Prevention Assembly
Bus. & Prof. Code Business and Professional Code
CA California
CBSC California Building Standards Commission
CCCPH Cross-Connection Control Policy Handbook
CCR California Code of Regulations
C.F.R. Code of Federal Regulations
CHSC California Health and Safety Code
Civ. Code Civil Code
DC Double Check valve backflow prevention assembly
DCDA Double Check Detector backflow prevention Assembly DCDA-II Double Check Detector backflow prevention Assembly – type II
Division Division of Drinking Water
EPA Environmental Protection Agency
Gov. Code Government Code
MCL Maximum Contaminant Level
Pen. Code Penal Code
PVB Pressure Vacuum Breaker backsiphonage prevention
assembly
PWS Public Water System
RP Reduced Pressure principle backflow prevention
assembly
RPDA Reduced Pressure principle Detector backflow
prevention Assembly
RPDA-II Reduced Pressure principle Detector backflow
prevention Assembly – type II
RW Recycled Water
SB Senate Bill
SDWA Safe Drinking Water Act
State Water Board State Water Resources Control Board
SVB Spill-resistant Pressure Vacuum Breaker backsiphonage prevention assembly
U.S. United States
2 Chapter 1 – Policy Overview

1.1 Objective
The primary objective of the Cross-Connection Control Policy Handbook (CCCPH) is the protection of public health through the establishment of standards intended to ensure a public water system’s (PWS) drinking water distribution system will not be subject to the backflow of liquids, gases, or other substances. In addition, by providing basic educational information on backflow prevention, the State Water Resources Control Board (State Water Board) intends to build a foundation of awareness within the regulated community regarding the importance of backflow protection and crossconnection control, leading to the implementation of a robust cross-connection control program for PWSs.

1.2 Applicability
The CCCPH and its standards apply to all California PWSs, as defined in California’s Health and Safety Code (CHSC, section 116275 (h)). Compliance with this CCCPH is mandatory for all California PWSs.

1.3 Policy Development Background and Legal Authorities Through the adoption of the CCCPH, the State Water Board is exercising its authority, under California’s Safe Drinking Water Act1(SDWA), to establish enforceable standards applicable to California’s PWSs. Failure to comply with the CCCPH may result in the issuance of compliance, enforcement, or other corrective actions against a PWS.

1.3.1 California Safe Drinking Water Act
On October 6, 2017, Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary of State (see Appendix A). AB 1671 amended California’s SDWA through the establishment of CHSC sections 116407 and 116555.5. AB 1671 also amended section 116810 of the CHSC, which is briefly discussed in Appendix G.

On October 2, 2019, Assembly Bill 1180 (AB 1180) was approved and filed with the Secretary of State. AB 1180 amended Section 116407 of the CHSC and added section 13521.2 to the Water Code. AB 1180 requires that the CCCPH include provisions for the use of a swivel or changeover device (swivel-ell).
1 CHSC, div. 104, pt. 12, ch. 4, section 116270 et seq. 3 AB 1671 and 1180 established the following:
· The State Water Board must adopt standards for backflow protection and crossconnection control by January 1, 2020. · The State Water Board may establish standards for backflow protection and cross-connection control through the adoption of the CCCPH, with the CCCPH not being subject to the requirements of the CA Administrative Procedure Act. 2 · If standards for backflow protection and cross-connection control are established via the CCCPH, the State Water Board must:
o Consult with state and local agencies and persons, identified by the State Water Board, as having expertise on the subject of backflow protection and cross-connection control.
o Hold at least two public hearings before adoption of the CCCPH. o Post the CCCPH on the State Water Board website.
· Upon the effective date of the CCCPH, the previous cross-connection control standards3 become inoperative, and are repealed 90 days later, unless the State Water Board determines not to repeal a specific existing regulation. · A PWS must implement a cross-connection control program that complies with the standards adopted by the State Water Board.
· Use of a swivel-ell must be consistent with any notification and backflow protection provisions contained in the CCCPH.

The development of the CCCPH included consultation with stakeholders, including state and local agencies, on an array of subjects related to cross-connection control, consistent with the statutory mandate, as well as consideration of input from other stakeholders and the general public in a February 20, 2020 workshop.

Prior to adoption of the CCCPH, in accordance with the statutory mandate, the State Water Board held two public hearings - one on April 27, 2021, and the other on December 5, 2022. A Board Workshop was held on October 18, 2023.

Pursuant to sections 116407 and 116555.5 of the CHSC, the State Water Board chose to adopt standards for backflow protection and cross-connection control through the adoption of this CCCPH, which became effective July 1, 2024.

Aside from the mandates of AB 1671 related to the State Water Board’s need and authority to develop and adopt an enforceable CCCPH, there are long-standing statutory mandates in California’s SDWA concerning backflow protection and crossconnection control, some of which are summarized below. 2 Gov. Code, tit. 2, div. 3, pt. 1, ch. 3.5, section 11340 et seq. 3 Cal. Code Regs., tit. 17, div. 1, ch. 5, subch. 1, grp. 4, arts. 1 & 2, section 7583 et seq. 4 · The State Water Board is required to adopt regulations for the control of crossconnections that it determines to be necessary for ensuring PWSs “distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.” (CHSC section 116375, subd. (c).)
· Any person who owns a PWS is required to ensure that the distribution system will not be subject to backflow under normal operating conditions. (CHSC section 116555, subd. (a)(2).)
Prior to AB 1671 and the adoption of this CCCPH, California’s regulations pertaining to cross-connection control were set forth in regulations in CCR Title 17, 4 which were
adopted in 1987 with minor revisions in 2000. Although still protective to public health, the CCR Title 17 cross-connection regulations required updating as both the drinking water and cross-connection control industries had evolved. This CCCPH updates those regulations, which as previously noted are no longer operative following the adoption of the CCCPH.

The State Water Board may update its standards for backflow protection and crossconnection control through revisions of the CCCPH. Prior to adopting substantive revisions to the CCCPH, the State Water Board will consult with state and local agencies and persons identified as having expertise on the subject by the State Water Board, and the State Water Board will hold at least one public hearing to consider public comments.
4 Cal. Code Regs., tit. 17, div. 1, ch. 5, subch. 1, grp. 4, arts. 1 & 2, section 7583 et seq. 5 This page intentionally left blank
6 Chapter 2 – Background on Backflow Protection
and Cross-Connection Control

2.1 What is a Cross-Connection?
A cross-connection is an interconnection between a potable water supply and a nonpotable source via any actual or potential connection or structural arrangement between a PWS and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Bypass arrangements, jumper connections, removable sections, improperly installed swivel or change-over devices and other temporary or permanent devices through which, or because of which backflow can occur are considered to be cross-connections.
5 The CCCPH includes acceptable
installation criteria for swivel-ell and other types of backflow prevention assemblies (BPAs) to prevent backflow.

Backflow is the undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a PWS’s distribution system or approved water supply.

The presence of a cross-connection represents a location in a distribution system through which backflow of contaminants or pollutants can occur. Backflow occurs when a non-potable source is at a greater pressure than the potable water distribution system.

Backflow can occur from either backsiphonage or backpressure. Backsiphonage occurs when a non-potable source enters the drinking water supply due to negative (i.e., sub-atmospheric) distribution system pressure. Backpressure occurs when the pressure from a non-potable source exceeds the pressure in the potable water distribution system.

Backsiphonage may be caused by a variety of circumstances, such as main breaks, flushing, pump failure, or emergency firefighting water demand. Backpressure may occur when heating, cooling, waste disposal, or industrial manufacturing systems are connected to potable supplies and the pressure in the external system exceeds the pressure in the distribution system. Both situations act to change the direction of water, which normally flows from the distribution system to the customer, so that non-potable substances from industrial, commercial, or residential premises flows back into the distribution system through a cross-connection.

Cross-connections are not limited to industrial or commercial facilities. Submerged inlets are found on many common plumbing fixtures and are sometimes necessary features of the fixtures if they are to function properly. Examples of this type of design are siphon-jet urinals or water closets, flushing rim slop sinks, and dental cuspidors. 5 California Department of Health Services (DHS), Public Water Supply Branch. (1988). Guidance Manual for cross connection Control Program (Green Manual). California Department of Health Services. 7 Older bathtubs and lavatories may have supply inlets below the flood level rims, but modern sanitary design has minimized or eliminated this cross-connection in new fixtures. Chemical and industrial process vats sometimes have submerged inlets where the water pressure is used as an aid in diffusion, dispersion and agitation of the vat contents. Even though a supply pipe may be installed above a vat, backsiphonage can still occur. Siphon action has been shown to raise a liquid in a pipe such as water almost 34 feet. Some submerged inlets are difficult to control, including those which are not apparent until a significant change in water level occurs or where a supply may be conveniently extended below the liquid surface by means of a hose or auxiliary piping. A submerged inlet may be created in numerous ways, and its detection may be difficult.

Chemical and biological contaminants have caused illness and deaths during known incidents of backflow, with contamination affecting several service connections, and the number of incidents reported is believed to be a small percentage of the total number of backflow incidents that actually occur. The public health risk from cross-connections and backflow is a function of a variety of factors including cross-connection and backflow occurrence and type and amount of contaminants.

2.2 Purpose of a Cross-Connection Control Program
The purpose of a cross-connection control program is to prevent the occurrence of backflow into a PWS’s distribution system in order to protect customers from contamination or pollution from any on-site hazards. Properly installed and maintained BPAs, devices or methods provide protection against the threat posed by many conditions typically found on a user’s premise.

The use of approved BPAs ensures that the appropriate performance evaluation of the assembly was conducted. It is important and required by the CCCPH to select and properly install an approved BPA that is capable of protecting the distribution system from the hazard identified. The success of a program depends on individuals that are knowledgeable about cross-connection control to identify actual and potential hazards, apply principles of backflow protection and prevention, and implement cross-connection control policies and procedures. A successful program will have ongoing surveillance of a PWS to ensure BPAs, devices or methods are working, and identify new hazards or changes in the distribution system. Certified specialists are needed to properly evaluate the degree of hazard that exists in the distribution system. Hazards typically identified in distribution systems along with the required level of protection are specified in Chapter 3 of the CCCPH.

2.3 Notes on Applicability of the Cross-Connection Control Policy Handbook
The CCCPH provides the basis for regulating the use and management of crossconnection control programs and BPAs in PWSs, and related requirements for supporting programs and policies. Activities or uses outside of the scope of the 8 authority of the State Water Board to regulate PWSs are not regulated by the CCCPH, including California Plumbing Code requirements and definitions not related to PWSs.

Recycled water cross-connection control installations and programs for the purposes of protecting the recycled water supply are not regulated by the CCCPH, although a PWS that uses recycled water is regulated by the CCCPH to ensure that a PWS’s drinking water system has adequate backflow protection from a recycled water system.

Water systems that do not meet the definition of a PWS (e.g. “State Small Water Systems” under CCR Title 22, Article 3) are not regulated by the CCCPH, although they may need to comply with the California Plumbing Code, local health agencies, and other laws or entities.

Transient noncommunity and nontransient noncommunity systems are PWSs and must comply with both the California Plumbing Code and CCCPH. The California Plumbing Code and the CCCPH will overlap in protection of these user premises. To ensure compliance, these noncommunity water systems may need to have internal crossconnection control programs within the user premises.

Noncommunity water systems must have the ability to enforce backflow protection within the premises. Compliance with the California Plumbing Code can be verified by the PWS and used for compliance with the CCCPH. Compliance with the CCCPH is documented through the hazard assessment and maintenance of an inventory of fieldtestable BPAs and methods. Annual field testing of BPAs is required. Where the minimum backflow protection differs between the California Plumbing Code and the CCCPH, the more protective minimum protection will be required. 9 This page intentionally left blank
10 Chapter 3 – Standards for Backflow Protection
and Cross-Connection Control
Article 1 – Definitions and General Requirements

3.1.1 Definitions
The following definitions apply to the terms used in the CCCPH:
“Air-gap separation” or “AG” means a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch.
“Approved water supply” means a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the CHSC. “Auxiliary water supply” means a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a water user. “Backflow” means an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply.
“Backflow prevention assembly” or “BPA” means a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated.
“Backflow prevention assembly tester” means a person who is certified as a backflow prevention assembly tester.
“Community water system” means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
“Contact hour” means not less than 50 minutes of a continuing education course. “Continuing education course” means a presentation or training that transmits information related to cross-connection control programs and backflow prevention and protection.
11 “Cross-connection” means any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply.
“Cross-connection control specialist” means a person who is certified as a crossconnection control specialist. “Distribution system” has the same meaning as defined in section 63750.50 of CCR, Title 22, Division 4, Chapter 2.
“Double check detector backflow prevention assembly” or “DCDA” means a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. See Diagram 1, Appendix C.
“Double check detector backflow prevention assembly – type II” or “DCDA-II” means a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. See Diagram 2, Appendix C. “Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two independently-acting internally-loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard crossconnections. See Diagram 3, Appendix C. “Existing public water system” or “existing PWS” means a public water system initially permitted on or before July 1, 2024 as a public water system by the State Water Board.
“Hazard Assessment” means an evaluation of a user premises designed to evaluate the types and degrees of hazard at a user’s premises. “High hazard cross-connection” means a cross-connection that poses a threat to the potability or safety of the public water supply. Materials entering the public water supply through a high hazard cross-connection are contaminants or health hazards.

See Appendix D for some examples.
12 “Low hazard cross-connection” means a cross-connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross-connection are pollutants or non-health hazards.
“New public water system” or “new PWS” means a public water system permitted after July 1, 2024 as a public water system by the State Water Board. A new public water system includes a public water system receiving a new permit because of a change in ownership.
“Noncommunity water system” means a public water system that is not a community water system.
“Nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
“Premises containment” means protection of a public water system’s distribution system from backflow from a user’s premises through the installation of one or more air gaps or BPAs, installed as close as practical to the user’s service connection, in a manner that isolates the water user’s water supply from the public water system’s distribution system.
“Pressure vacuum breaker backsiphonage prevention assembly” or “PVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 4, Appendix C.
“Public water system” or “PWS” has the same meaning as defined in section 116275(h) of the CHSC.
“Recycled Water" is a wastewater which as a result of treatment is suitable for uses other than potable use.
“Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two independently acting internally-loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check-valves, and test cocks to enable accurate field testing of the assembly. See Diagram 5, Appendix C.
13 “Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Diagram 6, Appendix C.
“Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” means a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Diagram 7, Appendix C. “Spill-resistant pressure vacuum breaker backsiphonage prevention assembly” or “SVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 8, Appendix C.
“State Water Board”, unless otherwise specified, means the State Water Resources Control Board or the local primacy agency having been delegated the authority to enforce the requirements of the CCCPH by the State Water Resources Control Board. “Swivel-Ell” means a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection) designed and constructed pursuant to this Chapter. See design and construction criteria, as well as Diagrams 9a and 9b, Appendix C.
“Transient noncommunity water system” means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year. “User premises” means the property under the ownership or control of a water user and is served, or is readily capable of being served, with water via a service connection with a public water system.
“User’s service connection” means either the point where a water user’s piping is connected to a water system or the point in a water system where the approved water supply can be protected from backflow using an air gap or backflow prevention assembly.
“User Supervisor” means a person designated by a water user to oversee a water use site and responsible for the avoidance of cross-connections. 14 “Water supplier” means a person who owns or operates a public water system. “Water user” means a person or entity who is authorized by the PWS to receive water.

3.1.2 Applicability
A public water system (PWS) must comply with the requirements of the CCCPH.

3.1.3 Program for Public Water System Cross-Connection Control (a) A PWS must protect the public water supply through implementation and enforcement of a cross-connection control program. Unless otherwise specified by this Chapter or directed by the State Water Board, a PWS may implement its crossconnection control program, in whole or in part, either directly or by way of contract or agreement with another party. The PWS, however, shall not be responsible for abatement of cross-connections which may exist within a user's premises. The crossconnection control program must include at a minimum the following elements:
(1) Operating rules or ordinances – Each PWS must have operating rules, ordinances, by-laws or a resolution to implement the cross-connection program.

The PWS must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the PWS’s provisions regarding the installation, inspection, field testing, or maintenance of BPAs required pursuant to this Chapter. Such corrective actions must include the PWS’s ability to perform at least one of the following:
(A) deny or discontinue water service to a water user,
(B) install, inspect, field test, and/or maintain a BPA at a water user’s premises, or
(C) otherwise address in a timely manner a failure to comply with the cross-connection control program.
(2) Cross-Connection Control Program Coordinator – The PWS must designate at least one individual involved in the development of and be responsible for the reporting, tracking, and other administration duties of its cross-connection control program. For PWS with more than 3,000 service connections the Cross-Connection Control Program Coordinator must be a cross-connection control specialist.
(3) Hazard Assessments – The PWS must survey its service area and conduct hazard assessments per Article 2 of this Chapter that identifies actual or potential cross-connection hazards, degree of hazard, and any backflow protection needed.
(4) Backflow Prevention – The PWS must ensure that actual and potential cross-connections are eliminated when possible or controlled by the installation of approved BPAs or AG’s consistent with the requirements of the Article 3 of this Chapter.
15 (5) Certified Backflow Prevention Assembly Testers and Certified CrossConnection Control Specialists – The PWS must ensure all BPA testers and cross-connection control specialists used are certified per Article 4 of this Chapter.
(6) Backflow Prevention Assembly Testing – The PWS must develop and implement a procedure for ensuring all BPAs are field tested, inspected, and maintained and AG’s are inspected and maintained in accordance with CCCPH section 3.3.3.
(7) Recordkeeping – The PWS must develop and implement a recordkeeping system in accordance with CCCPH section 3.5.1.
(8) Backflow Incident Response, Reporting and Notification – The PWS must develop and implement procedures for investigating and responding to suspected or actual backflow incidents in accordance with Article 5 of this chapter.
(9) Public Outreach and Education – The PWS must implement a crossconnection control public outreach and education program element that includes educating staff, customers, and the community about backflow protection and cross-connection control. The PWS may implement this requirement through a variety of methods which may include providing information on cross-connection control and backflow protection in periodic water bill inserts, pamphlet distribution, new customer documentation, email, and consumer confidence reports.
(10) Local Entity Coordination – The PWS must coordinate with applicable local entities that are involved in either cross-connection control or public health protection to ensure hazard assessments can be performed, appropriate backflow protection is provided, and provide assistance in the investigation of backflow incidents. Local entities may include but are not limited to plumbing, permitting, or health officials, law enforcement, fire departments, maintenance, and public and private entities.
(b) The cross-connection control program must be developed in consultation with a cross-connection control specialist if:
(1) The PWS has 1,000 or more service connections, or
(2) required by the State Water Board.
(c) A PWS must have at least one cross-connection control specialist as a permanent or contracted employee of the PWS, and that specialist, or their designee, must be able to be contacted within one hour, if:
(1) The PWS has 3,000 or more service connections, or
(2) the PWS has less than 3,000 service connections and is directed by the State Water Board based on hazard assessments conducted pursuant to CCCPH section 3.2.1. or the PWS’s history of backflow incidents. 16 3.1.4 Plan for Public Water System Cross-Connection Control (a) After adoption of the CCCPH, each PWS must submit a written Cross-Connection Control Plan for State Water Board review in accordance with the following schedule:
(1) An Existing PWS must submit the Cross-Connection Control Plan no later than 12 months after the effective date of the CCCPH.
(2) A new PWS must submit the Cross-Connection Control Plan for review and approval prior to issuance of a domestic water supply permit. (3) A PWS may submit a written request to the State Water Board for an extension of the deadline for submittal of its initial Cross-Connection Control Plan. The PWS’s application must include a written description of the need for an extension. Approval of an extension will be at the sole discretion of the State Water Board.
(b) The Cross-Connection Control Plan for a community water system must include, at a minimum, the following cross-connection control program procedures and documentation:
(1) a description of how the community water system will achieve and maintain compliance with each requirement in this Chapter;
(2) a description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2.1; (3) a description of the legal authority pursuant to CCCPH section 3.1.3 to implement corrective actions in the event a water user fails to comply in a timely manner with the provisions of the PWS’s cross-connection control program; (4) a description of the process and timeframes for ensuring each BPA is inspected and field tested, and AG is inspected, at a frequency no less than required by this Chapter;
(5) a description of the process and timeframe for ensuring each non-testable backflow preventer that is under the PWS ownership or administration is installed and maintained according to the California Plumbing Code; (6) a description of the process for ensuring individuals field testing and inspecting BPAs are no less qualified than required by this Chapter, including but not limited to confirmation of the individual’s:
(A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) BPA field test result reports;
(7) a description of the procedures and timeframes of activities for responding to backflow incidents, including notification of customers, and reporting of backflow incidents pursuant to CCCPH section 3.5.2;
(8) contact information for cross-connection control personnel including any cross-connection control program coordinator and specialist; (9) a description of the tracking system that maintains current and relevant information, including:
17 (A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each BPA, and
(C) highest threat potential hazard from which a given BPA is protecting the public water system distribution system;
(10) for user supervisors, if used, the required information pursuant to CCCPH section 3.2.2 (f);
(11) the corrective actions, including timeframes for the corrective actions, that a community water system will implement when:
(A) a cross-connection exists and the BPA installed is not commensurate with the user premises’ hazard or no BPA has been installed, or (B) a BPA needs to be replaced or maintained;
(12) a description of the public outreach and education program to comply with CCCPH section 3.1.3(a)(9); and
(13) the procedures for coordination with local entities (c) The Cross-Connection Control Plan for a noncommunity water system must include, at a minimum, the following cross-connection control program procedures and documentation:
(1) a description of how the noncommunity water system will achieve and maintain compliance with each requirement in this Chapter that is applicable to the noncommunity water system;
(2) a description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2.1; (3) a description of the legal authority pursuant to CCCPH section 3.1.3 to implement corrective actions in the event a water user fails to comply in a timely manner with the provisions of the PWS’s cross-connection control program; (4) a description of the process and timeframes for ensuring each BPA is inspected and field tested and AG is inspected, at a frequency no less than required by this Chapter;
(5) a description of the process and timeframe for ensuring each non-testable backflow preventer for internal protection that is under the PWS ownership or administration is installed and maintained according to the California Plumbing Code;
(6) a description of the process for ensuring individuals field testing and inspecting BPAs are no less qualified than required by this Chapter, including but not limited to confirmation of the individual’s:
(A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) BPA field test result reports;
18 (7) a description of the procedures and timeframes of activities for responding to backflow incidents, including notification of customers, and reporting of backflow incidents pursuant to CCCPH section 3.5.2;
(8) contact information for cross-connection control personnel including the cross-connection control program coordinator;
(9) maintaining a tracking system with current and relevant information, including:
(A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each BPA,
(C) location and type of each non-testable backflow preventer used for internal protection in accordance with the California Plumbing Code, if applicable, and
(D) potential hazard from which a BPA is protecting the public water system distribution system;
(10) for user supervisors, if used, the required information pursuant to CCCPH section 3.2.2(f);
(11) the corrective actions, including timeframes for the corrective actions, that a noncommunity water system will implement when:
(A) a cross-connection exists and the BPA installed is not commensurate with the user premises’ hazard or no BPA has been installed, or (B) a BPA or non-testable backflow preventer needs to be replaced or maintained;
(12) a description of the public outreach and education program to comply with CCCPH section 3.1.3(a)(9); and,
(13) the procedures for coordination with local entities (e.g., local health departments with internal cross-connection control programs, building officials, plumbing officials, etc.).
(d) A PWS must ensure its Cross-Connection Control Plan is, at all times, representative of the current operation of its Cross-Connection Control program. The PWS must make its Cross-Connection Control Plan available to the State Water Board for review upon request. If a PWS makes a substantive revision to its CrossConnection Control Plan, the PWS must submit the revised Cross-Connection Control Plan to the State Water Board for review.
19 Article 2 – Hazard Assessments and Required Protection

3.2.1 Hazard Assessments
(a) To evaluate the potential for backflow into the PWS, each community water system must conduct an initial hazard assessment of the user premises within its service area and each noncommunity water system must conduct an initial hazard assessment of its water distribution system. The hazard assessment must consider:
(1) The existence of cross-connections;
(2) the type and use of materials handled and present, or likely to be, on the user premises;
(3) the degree of piping system complexity and accessibility; (4) access to auxiliary water supplies, pumping systems, or pressure systems; (5) distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high waterdemand situations, multiple service connections that may result in flow-through conditions, etc.);
(6) user premises accessibility;
(7) any previous backflow incidents on the user premises; and (8) the requirements and information provided in the CCCPH. (b) Each hazard assessment must identify the degree of hazard to the PWS’s distribution system as either a high hazard cross-connection, a low hazard crossconnection, or having no hazard. Examples of some high hazard cross-connection activities may be found in Appendix D.
(c) The hazard assessment must determine whether an existing BPA, if any, provides adequate protection based on the degree of hazard.
(d) Hazard assessments completed prior to the adoption of the CCCPH may be considered as an initial hazard assessment provided that such hazard assessments and associated backflow protection provide protection consistent with the CCCPH and the PWS describes their review of these assessments in the Cross-Connection Control Plan required in CCCPH section 3.1.4.
(e) Subsequent to the initial hazard assessment described in subsection (a), a community water system must perform a hazard assessment under the following criteria:
(1) if a user premises changes account holder, excluding single-family residences;
(2) if a user premises is newly or re-connected to the PWS; (3) if evidence exists of changes in the activities or materials on a user’s premises;
(4) if backflow from a user’s premises occurs;
(5) periodically, as identified in the PWS’s Cross-Connection Control Plan required pursuant to CCCPH section 3.1.4.;
20 (6) if the State Water Board requests a hazard assessment of a user’s premises; and
(7) if the PWS concludes an existing hazard assessment may no longer accurately represent the degree of hazard.
(f) Noncommunity water systems must conduct an initial or follow-up hazard assessment within two years of the adoption of the CCCPH. (g) Noncommunity water system must conduct a follow-up hazard assessment of its water distribution system if any changes are made that could result in a crossconnection or any backflow incidents occur. (h) A cross-connection control specialist must review or conduct each initial and followup hazard assessment pursuant to this section and make a written finding that, in the specialist’s judgment based on cross-connection control principles, the PWS’s hazard assessment properly identified all hazards at the time of the assessment, the appropriate degree of hazards, and the corresponding backflow protection.

3.2.2 Backflow Protection Required
(a) A PWS must ensure its distribution system is protected from backflow from identified hazards through the proper installation, continued operation, and field testing of an approved BPA (see Article 3 for installation and approved BPA criteria). When a DC is required or referenced in the CCCPH, a DCDA or DCDA-II type of assembly may be substituted if appropriate. When an RP is required or referenced in the CCCPH, an RPDA or RPDA-II type of assembly may be substituted if appropriate. (b) The BPA installed must be no less protective than that which is commensurate with the degree of hazard at a user premises, as specified in this Chapter and as determined based on the results of the hazard assessment conducted pursuant to CCCPH section

3.2.1. (c) Unless specified otherwise in this Chapter, a PWS must, at all times, protect its distribution system from high hazard cross-connections (see Appendix D for examples), through premises containment, through the use of AG(s) or RP(s). (1) Following State Water Board review and approval, a PWS may implement an alternate method of premises containment in lieu of a required AG provided that the proposed alternative would not increase the level of risk to protection of public health.
(2) Following State Water Board review and approval, a PWS may accept internal protection in lieu of containment when premises containment is not feasible.
21 (d) Except as otherwise allowed or prohibited in statute or in CCR Title 22, Division 4, Chapter 3, a swivel-ell may be used instead of an AG for premises containment protection when temporarily substituting tertiary recycled water use areas with potable water from a PWS if all the following criteria are met:
(1) the swivel-ell is approved by the State Water Board; (2) the PWS has a cross-connection control program, required pursuant to CCCPH section 3.1.3, and the use and operation of the swivel-ell is described in the Cross-Connection Control Plan required pursuant to CCCPH section 3.1.4; (3) the design and construction-related requirements of the swivel-ell adheres to the criteria in Appendix C;
(4) at least every 12 months, inspections are performed and documented to confirm ongoing compliance with the design and construction-related requirements in Appendix C;
(5) the RP used in conjunction with the swivel-ell is field tested and found to be functioning properly:
(A) immediately upon each switchover to potable water use, a visual inspection of the RP must be completed
(B) within 72 hours of each switchover to potable water use, a field test must be completed, and
(C) at least every 12 weeks the use site is supplied with potable water; and
(6) there is a legally binding agreement between the PWS and the entity supplying the recycled water, signed by those with relevant legal authority, that includes the following requirements:
(A) The State Water Board will be notified within 24 hours of all switchovers to or from potable water, will be given an estimate of the timeframe until the next switchover, and will be provided the results of the field testing required in paragraph (5);
(B) a trained representative of the PWS be present to supervise each switchover; and
(C) within seven days of each switchover, if requested by the State Water Board, the PWS will submit a written report describing compliance with this subsection, as well as potable and recycled water usage information. (e) Except as noted below, a PWS must ensure its distribution system is protected with no less than DC protection for a user premises with a fire protection system within ten years of adoption of the CCCPH.
(1) A high hazard cross-connection fire protection system, including but not limited to fire protection systems that may utilize chemical addition (e.g., wetting agents, foam, anti-freeze, corrosion inhibitor, etc.) or an auxiliary water supply, must have no less than RP protection.
22 (2) For existing fire protection systems that do not meet Section 3.2.2 (e)(3) or cannot install DC protection within ten years of adoption of the CCCPH, a PWS may propose in the cross-connection control plan submitted for CCCPH Section

3.1.4:
(A) an alternative date; or
(B) an alternative method of backflow protection that provides at least the same level of protection to public health.
(3) A BPA is not necessary for a low hazard fire protection system on a residential user premises if the following criteria are satisfied:
(A) the user premises has only one service connection to the PWS; (B) a single service line onto the user premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the user premises;
(C) a single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; (D) the fire protection system is constructed of piping materials certified as meeting NSF/ANSI Standard 61; and
(E) the fire protection system’s piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water.
(f) The State Water Board and PWS may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required:
(1) The user supervisor is responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user’s pipelines and equipment. The user supervisor must be trained on the fluids used and backflow protection for the premise, and must inform the PWS of changes in piping, and maintain current contact information on file with the PWS; and (2) The PWS must include in the Cross-Connection Control Plan required in CCCPH section 3.1.4 the training and qualification requirements for user supervisors, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns typically found. (g) Facilities producing, treating, storing, or distributing drinking water that are an approved water supply or water recycling plants as defined by CCR Title 22, Section 60301.710 must have proper internal protection from cross-connections to ensure that all drinking water produced and delivered to customers and workers at those facilities is free from unprotected cross-connections.
23 Article 3 – Backflow Prevention Assemblies

3.3.1 Standards for Types of Backflow Protection
(a) The PWS must ensure that each AG used for its Cross-Connection Control Program meets the requirements in Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical Engineers (ASME) A112.1.2- 2012(R2017) (See Appendix B).
(b) The PWS must ensure that each replaced or newly installed PVB, SVB, DC, and RP for protection of the PWS is approved through both laboratory and field evaluation tests performed in accordance with at least one of the following:
(1) Standards found in Chapter 10 of the Manual of Cross-Connection Control, Tenth Edition, published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research; or
(2) certification requirements for BPAs in the Standards of ASSE International current as of 2022 that include ASSE 1015-2021 for the DC, ASSE 1048-2021 for the DCDA & DCDA-II, ASSE 1013-2021 for the RP, and ASSE 1047-2021 for the RPDA & RPDA-II and must have the 1YT mark.
(c) BPAs must not be modified following approval granted under section 3.3.1 (b). PWS must require BPA testers to notify the PWS if a water user or PWS-owned BPA has been modified from the CCCPH section 3.3.1 (b) approval.

3.3.2 Installation Criteria for Backflow Protection
(a) For AGs, the following is required:
(1) The receiving water container must be located on the water user’s premises at the water user’s service connection unless an alternate location has been approved by the PWS;
(2) all piping between the water user’s service connection and the discharge location of the receiving water container must be above finished grade and be accessible for visual inspection unless an alternative piping configuration is approved by the PWS;
(3) the PWS must ensure that the AG specified in CCCPH section 3.3.1 (a) has been installed; and
(4) any new air gap installation at a user’s service connection must be reviewed and approved by the State Water Board prior to installation. (b) RPs must be installed such that the lowest point of an assembly is a minimum of twelve inches above grade, and a maximum of thirty-six inches above the finished grade, unless an alternative is approved by the PWS.
(c) DCs installed or replaced after the adoption of the CCCPH must be installed according to CCCPH section 3.3.2 (b). Below ground installation can be considered if approved by the PWS where it determines no alternative options are available. 24 (d) A PVB or SVB must be installed a minimum of twelve inches above all downstream piping and outlets.
(e) SVBs may not be used for premises containment. PVBs may only be used for roadway right of way irrigation systems as premises containment where there is no potential for backpressure.
(f) A RP or DC installed after the adoption of the CCCPH must have a minimum side clearance of twelve inches, except that a minimum side clearance of twenty-four inches must be provided on the side of the assembly that contains the test cocks. The PWS may approve alternate clearances providing that there is adequate clearance for field testing and maintenance.
(g) Backflow protection must be located as close as practical to the water user’s service connection unless one or more alternative locations have been approved by the PWS.

If internal protection is provided in lieu of premises containment, the PWS must obtain access to the user premises and must ensure that the on-site protection meets the requirements of this Chapter for installation, field testing, and inspections. (h) Each BPA and air gap separation must be accessible for field testing, inspection, and maintenance.

3.3.3 Field Testing and Repair of Backflow Prevention Assemblies and Air Gap Inspection
(a) PWS must ensure that all BPAs installed for its Cross-Connection Control Program are field tested following installation, repair, depressurization for winterizing, or permanent relocation. All required field testing must be performed by certified backflow prevention assembly testers.
(b) BPAs must be field tested at least annually. The CCCPH does not preclude a PWS, the State Water Board, or a local health agency from requiring more frequent field testing for premises with high hazard cross-connection or BPA at increased risk of testing failure.
(c) Air-gap separations must be visually inspected at least annually to determine compliance with this Chapter by persons certified as backflow prevention assembly testers or certified as a cross-connection control specialist pursuant to this Chapter. (d) PWS must receive passing field tests before providing continuous service to a water user with a newly installed BPA.
(e) PWS must ensure that BPAs that fail the field test are repaired or replaced within 30 days of notification of the failure. Extensions may be allowed by the PWS if included as part of the Cross-Connection Control Plan.
25 (f) PWS must require backflow prevention assembly testers to notify the PWS as soon as possible within 24 hours if a backflow incident or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing. PWS must immediately conduct an investigation and discontinue service to the user premises if a backflow incident is confirmed, and water service must not be restored to that user premises until the PWS receives a confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the PWS. 26 Article 4 – Backflow Prevention Assembly Testers and CrossConnection Control Specialists

3.4.1 Backflow Prevention Assembly Tester Certification (a) A PWS must ensure that each BPA required by this Chapter to protect the public water system is field tested by a person with valid certification from a certifying organization recognized by the State Water Board pursuant to this Article. (b) A State Water Board-recognized organization certifying backflow prevention assembly testers is one that has a certification process that, at a minimum, includes the following:
(1) A timed and proctored written6 exam, using a closed-book, objective grading format, consisting of no less than 100 questions for initial certification and no less than 50 questions for recertification. A passing score must be achieved by an examinee as a requirement for certification.
(A) Written exam proctors must:

1. not provide an examinee any assistance in answering exam questions, verbal or otherwise; and

2. be impartial.
(B) Passing scores for the written exams are to be determined prior to exam sessions, such that passing a written exam demonstrates sufficient knowledge of subjects associated with the proper field testing of BPAs, including but not limited to:

1. the hydraulics and theory of backflow;

2. California’s laws, regulations, and requirements related to crossconnection control;

3. types of BPA field test equipment and the need to verify accuracy, at least annually and when otherwise necessary, to ensure accuracy of field test results;

4. field test procedures for an RP, RPDA, RPDA-II, DC, DCDA, DCDA-II, PVB, and SVB using the procedures provided in the Manual of Cross-Connection Control, Tenth Edition, published by the University of Southern California Foundation for CrossConnection Control and Hydraulic Research or equivalent;

5. identification of improperly functioning BPAs (i.e., diagnostics or troubleshooting); and

6. recordkeeping and safety.
6 The requirement for a written exam does not preclude using computerized exams. 27 (2) A performance (i.e., hands-on) exam, using a closed-book, objective grading process and the field test procedures in paragraph (1)(B)(4), designed such that passing the performance exam demonstrates proficiency in accurately determining the operating condition of an RP, DC, PVB, and SVB, when properly or improperly functioning, including but not limited to BPAs with leaks in shutoff valves, and failures in check valves, air inlet valves, or relief valves. A passing score must be achieved by an examinee as a requisite for certification. The performance exam process must include the following:
(A) Performance exam proctors must:

1. be certified as a backflow prevention assembly tester pursuant to this Article;

2. evaluate no more than one examinee at a time;

3. not provide an examinee any assistance in answering exam questions, verbal or otherwise;

4. provide no indication an examinee has erred until completion of a BPA field test, at which time only the fact the examinee has erred may be indicated (i.e., not the nature of the error);

5. be impartial and not affiliated with the certifying organization’s preparation of, or preparatory course for (if applicable), the performance exam; and

6. not evaluate an examinee who was trained by the proctor during the six-month period prior to the exam or other conflict of interest. (B) An examinee is considered to have failed a performance exam if the examinee:

1. makes a field test procedure or recording error that could impact an accurate determination of the operating condition of a BPA,

2. completes the BPA performance exam form with an error,

3. is informed of making an error (see subparagraph (A)(4)) and begins the procedure a second time, and

4. errs a second time and completes the BPA performance exam form accordingly.
(3) recertification requirements of no less frequently than every three years which includes both a written and performance exam;
(4) provisions for revocation of a backflow prevention assembly tester’s certification, including but not limited to, revocation for falsifying field test results or field test reports;
28 (5) a website providing public access to the most recent list of backflow prevention assembly testers:
(A) who hold a valid certification from the certifying organization. At a minimum, the list is to include each backflow prevention assembly tester’s last name, first name, certification number, and the date on which each backflow prevention assembly tester’s certification expires; and (B) whose certification was revoked, pursuant to paragraph (4), in the three years preceding the date of the list. At a minimum, the list is to include each backflow prevention assembly tester’s last name, first name, revoked certification number, the date on which each backflow prevention assembly tester’s certification was revoked, and the reason for revocation. (6) as a prerequisite to sections 3.4.1(b)(1) and (b)(2), completion of an instructional training course accepted by the certifying organization7that covers the subjects in subsection (1)(B) and is no less than 30 hours in length over no fewer than four days for:
(A) a backflow prevention assembly tester’s initial certification; (B) a backflow prevention assembly tester’s recertification as a result of revocation; or
(7) In lieu of compliance with section 3.4.1(b)(6) a certifying organization may accept two years prior experience in backflow prevention assembly testing. (c) To be recognized by the State Water Board as a certifying organization for backflow prevention assembly testers, a certifying organization shall:
(1) submit an application with the following information to the State Water Board for review:
(A) written documentation of a certification program that includes a process that is no less stringent than the criteria in subsection (b); (B) evidence that the organization’s certification program and exam process has been reviewed, with concerns adequately addressed, by a credentialed psychometrician proficient in the design of objective exams, experienced in the assessment of certification or licensing organizations, and familiar with the application of the requirements of ISO8/IEC9 17024:

Conformity Assessment- General Requirements for Bodies Operating Certification of Persons; and
7 But not limited only to training provided by the certifying organization or its affiliates. 8 International Organization for Standardization
9 International Electrotechnical Commission
29 (C) a written statement, signed by the certifying organization’s representative(s) having the authority and legal responsibility for operation of the certifying organization, attesting that the certifying organization will implement its certification program in a manner meeting or exceeding the criteria in subsection (b) and consistent with the application submitted to the State Water Board.
(2) adequately address each State Water Board comment and/or question concerning the application, and
(3) receive written acknowledgment from the State Water Board that the application is complete.
(d) An American National Standards Institute (ANSI)-accredited certifying organization, accredited in accordance with subsection (b) and ISO/IEC 17024, will be considered to be a State Water Board-recognized certifying organization. Beginning three years after the effective date of the CCCPH, only those testers with a valid certification from an ANSI-accredited certifying organization shall satisfy subsection (a) and certifications obtained by organizations in accordance with subsection (c) will be invalid. (e) This Article does not preclude a local health agency from maintaining a backflow prevention assembly tester certification program for the field testing of BPAs within the local health agency’s jurisdiction. Accepting a tester certified by a local health agency does not relieve a PWS from meeting the requirements of this Article. (f) This Article does not preclude a PWS from disallowing the use of an individual tester certified pursuant to this Article if the PWS has reason to believe a certified tester may not be proficient in accurately determining the operating condition of BPA, or for any other reason (e.g., fraud, deceit, negligence, misconduct, etc.). A PWS must report any evidence of a tester falsifying reports to that tester’s certifying organization. (g) This Article is effective July 1, 2025.
30 3.4.2 Cross-Connection Control Specialist Certification (a) A PWS must ensure that cross-connection control specialists, used pursuant to the CCCPH, have valid certification from a certifying organization recognized by the State Water Board pursuant to this Article.
(b) A State Water Board-recognized organization certifying cross-connection control specialists is one that has a certification process that, at a minimum, includes the following:
(1) A timed and proctored, written10 exam, using a closed-book, objective grading format, consisting of no less than 100 questions for certification. A passing score must be achieved by an examinee as a requirement for certification. (A) Written exam proctors must:

1. not provide an examinee any assistance in answering exam questions, verbal or otherwise; and

2. be impartial.
(B) Passing scores for the exams are to be determined prior to exam sessions, such that passing an exam demonstrates sufficient and comprehensive range of knowledge of the subjects provided in Appendix E, as they may relate to cross-connection control and the causes, effects, and prevention of backflow.
(2) recertification requirements of no less frequently than every three years.

Recertification may be done through at least one of the following:
(A) an exam as required by section 3.4.2 (b)(1),
(B) through 12 contact hours from continuing education courses covering material in Appendix E or,
(C) a combination of exam and continuing education contact hours equivalent to (A) or (B);
(3) provisions for revocation of a specialist’s certification, including but not limited to, falsifying information or providing negligent recommendations inconsistent with industry-standard cross-connection control guidelines; (4) a website providing public access to the most recent list of cross-connection control specialists:
(A) who hold a valid certification from the certifying organization. At a minimum, the list is to include each specialist’s last name, first name, certification number, and the date on which each specialist’s certification expires; or
10 The requirement for a written exam does not preclude using computerized exams. 31 (B) whose certification was revoked, pursuant paragraph (3), in the three years preceding the date of the list. At a minimum, the list is to include each specialist’s last name, first name, revoked certification number, the date on which each specialist’s certification was revoked, and the reason for revocation.
(5) initial certification requirements:
(A) a valid backflow prevention assembly tester certification from a certification organization recognized by the State Water Board pursuant to section 3.4.1; and
(B) completion of an instructional training course (acceptable to the certifying organization11) that covers the subjects in Appendix E and is no less than 30 hours in length over no fewer than five days (inclusive of an exam, if provided). This paragraph does not preclude a certification organization from providing the instructional training course to the public, including certified specialists.
(C) As an alternative to (A) the certifying organization may accept additional instruction in the subject areas of testing, maintaining and repairing BPAs equivalent in length and scope to the requirements in

3.4.1(b)(6).
(D) As an alternative to (A) the certifying organization may accept a minimum of five (5) years documented experience performing crossconnection control specialist duties, as outlined in Appendix E. (c) To be recognized by the State Water Board as a certifying organization for crossconnection control specialists, a certifying organization shall:
(1)submit an application with the following information to the State Water Board for review:
(A) Written documentation of a certification program that includes a process that is no less stringent than the criteria in subsection (b); (B) evidence that the organization’s certification program and exam process has been reviewed, with concerns adequately addressed, by a credentialed psychometrician proficient in the design of objective exams, experienced in the assessment of certification or licensing organizations, and familiar with the application of the requirements of ISO12/IEC13 17024:

Conformity Assessment- General Requirements for Bodies Operating Certification of Persons; and
11 But not limited only to training provided by the certifying organization or its affiliates. 12 International Organization for Standardization
13 International Electrotechnical Commission
32 (C) a written statement, signed by the certifying organization’s representative(s) having the authority and legal responsibility for operation of the certifying organization, attesting that the certifying organization will implement its certification program in a manner meeting or exceeding the criteria in subsection (b) and consistent with the application submitted to the State Water Board.
(2) adequately address each State Water Board comment and question concerning the application, and
(3) receive a written acknowledgment from the State Water Board that the application is complete:
(d) A certifying organization, accredited by the American National Standards Institute (ANSI) in accordance with ISO/IEC 17024, which complies with subsection (b), will be considered to be a State Water Board-recognized certifying organization. Beginning three years after the effective date of the CCCPH, only those specialists with a valid certification from an ANSI-accredited certifying organization shall satisfy subsection (a) and certifications obtained by organizations in accordance with subsection (c) will be invalid.
(e) This Article does not preclude a local health agency from maintaining a crossconnection control specialist certification program for specialists within the local health agency’s jurisdiction. Using a specialist certified by a local health agency does not relieve a PWS from meeting the requirements of this Article. (f) This Article does not preclude a PWS from disallowing the use of an individual crossconnection control specialist certified pursuant to this Article if the PWS has reason to believe a certified specialist may not be proficient in their knowledge of crossconnection control and the causes, effects, and prevention of backflow, or for any other reason (e.g., fraud, deceit, negligence, misconduct, etc.). A PWS must report any evidence of a specialist falsifying reports to that specialist’s certifying organization. (g) This Article is effective July 1, 2025.
33 Article 5 – Recordkeeping, Backflow Incident Response, and Notification

3.5.1 Recordkeeping
(a) Each PWS must maintain the following records:
(1) The two most recent hazard assessments for each user premise, conducted pursuant to CCCPH section 3.2.1 (Hazard Assessment);
(2) for each BPA, the associated hazard or application, location, owner, type, manufacturer and model, size, installation date, and serial number; (3) for each AG installation, the associated hazard or application and the location, owner, and as-built plans of the AG;
(4) results of all BPA field testing, AG inspection, and swivel-ell inspections and field tests for the previous three calendar years, including the name, test date, repair date, and certification number of the backflow prevention assembly tester for each BPA field test and AG and swivel-ell;
(5) repairs made to, or replacement or relocation of, BPAs for the previous three calendar years;
(6) the most current cross-connection tests (e.g. shutdown test, dye test); (7) if a user supervisor is designated for a user premise, the current contact information for the user supervisor and water user, and any applicable training and qualifications as described by CCCPH section 3.2.2(f); (8) descriptions and follow-up actions related to all backflow incidents; (9) if any portion of the cross-connection control program is carried out under contract or agreement, a copy of the current contract or agreement; (10) the current Cross-Connection Control Plan as required in CCCPH section

3.1.4.; and
(11) any public outreach or education materials issued as required in CCCPH section 3.1.3.(a)(9) for the previous three calendar years. (b) All information in subsection (a) must be available to the State Water Board upon request.

3.5.2 Backflow Incident Response Procedure
Each PWS must include backflow incident response procedures in the CrossConnection Control Plan required in CCCPH section 3.1.4. The PWS must describe its procedures for investigating and responding to suspected backflow incidents including, but not limited to, the following:
(a) Consideration of complaints or reports of changes in water quality as possible incidents of backflow;
(b) Water quality sampling and pressure recording; and
(c) Documentation of the investigation, and any response and follow-up activities. 34 3.5.3 Backflow Incident Notification
(a) Each PWS must notify the State Water Board and local health agencies of any known or suspected incident of backflow within 24 hours of the determination. If required by the State Water Board, a PWS must issue a Tier 1 public notification pursuant to CCR, Title 22, Section 64463.1.
(b) If required by the State Water Board, the PWS must submit, by a date specified by the State Water Board, a written incident report describing the details and affected area of the backflow incident, the actions taken by the PWS in response to the backflow incident, and the follow up actions to prevent future backflow incidents. The written report must contain, at a minimum, the information requested in Appendix F. 35 This page intentionally left blank
36 Appendix
Appendix A: Assembly Bill 1671 (2017, Chapter 533) and Assembly Bill 1180 (2019, Chapter 455).

Appendix B: ASME A112.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4
Appendix C: Backflow Prevention Assembly Diagrams
Appendix D: High Hazard Premises
Appendix E: General Range of Knowledge for Cross-Connection Control Specialists Appendix F: Example Backflow Incident Reporting Form
Appendix G: Related Statutes and Regulations
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Appendix A
Assembly Bill 1671 (2017, Chapter 533)
Assembly Bill 1180 (2019, Chapter 455)
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Assembly Bill No. 1671
CHAPTER 533
An act to amend Section 116810 of, and to add Sections 116407 and 116555.5 to, the Health and Safety Code, relating to drinking water. [Approved by Governor October 6, 2017. Filed with
Secretary of State October 6, 2017.]
legislative counsel’s digest
AB 1671, Caballero. Backflow protection and cross-connection controls:
standards.
(1) 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, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells. Existing law makes certain violations of the act a misdemeanor.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board.

A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.

This bill would require a public water system to implement a cross-connection control program that complies with, and would require the certification program to be consistent with, applicable regulations and the standards described in (2).
(2) Existing regulations establish standards for a backflow prevention device and cross-connection control.

This bill, on or before January 1, 2020, would require the state board to adopt standards for backflow protection and cross-connection control and would authorize the state board to do so through the adoption of a policy handbook, as specified. By authorizing the state board to adopt standards, the violation of which would be a crime, the bill would create a new crime and impose a state-mandated local program.
94 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
(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.

The people of the State of California do enact as follows:

SECTION 1. Section 116407 is added to the Health and Safety Code, to read:
116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross-connection control. (b) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross-connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross-connection control. The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board’s Internet Web site.
(c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation.
(2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the Office of Administrative Law and the Secretary of State, shall become operative.

SEC. 2. Section 116555.5 is added to the Health and Safety Code, to read:
116555.5. A public water system shall implement a cross-connection control program that complies with applicable regulations and with standards adopted by the board pursuant to Section 116407.

SEC. 3. Section 116810 of the Health and Safety Code is amended to read:
116810. To ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, 94 Ch. 533 — 2 —
local health officers may maintain programs for certification of backflow prevention device testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The certification standards shall be consistent with standards adopted by the state board pursuant to Section 116407 and any other applicable backflow protection regulations.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

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Assembly Bill No. 1180
CHAPTER 455
An act to amend Section 116407 of the Health and Safety Code, and to add Section 13521.2 to the Water Code, relating to water. [Approved by Governor October 2, 2019. Filed with Secretary of State October 2, 2019.]
legislative counsel’s digest
AB 1180, Friedman. Water: recycled water.
(1) 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. Existing law requires, on or before January 1, 2020, the state board to adopt standards for backflow protection and cross-connection control through the adoption of a policy handbook, as specified.

This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. (2) Existing law requires the state board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health.

This bill would require the state board, on or before January 1, 2023, as specified, to update the uniform statewide criteria for nonpotable recycled water uses.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) On December 11, 2018, the State Water Resources Control Board unanimously adopted an amendment to the policy for water quality control for recycled water, which included a goal to increase the use of recycled water in the state from 714,000 acre-feet per year in 2015 to 1,500,000 acre-feet per year by 2020 and 2,500,000 acre-feet per year by 2030. (b) Section 13521 of the Water Code requires the state board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. (c) The regulations establishing the uniform statewide criteria for recycled water uses are set forth in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The regulations that pertain to nonpotable recycled water uses have not been updated since 2000.
95 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
(d) The regulations relating to backflow protection and cross-connection control for recycled water are set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. These regulations have not been updated since 1987. (e) Section 1 of Chapter 533 of the Statutes of 2017 (Assembly Bill 1671 of the 2017–18 Regular Session) requires, on or before January 1, 2020, the state board to adopt backflow protection and cross-connection control standards and authorizes their implementation through a policy handbook. (f) In order to maximize the amount of recycled water California can safely use for beneficial purposes, it is necessary to update the uniform statewide criteria for nonpotable recycled water uses and specify certain associated backflow protection and cross-connection control provisions.

SEC. 2. Section 116407 of the Health and Safety Code is amended to read:
116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross-connection control. (b) (1) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross-connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross-connection control. The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board’s internet website.
(2) (A) The policy handbook described in this subdivision shall include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service.
(B) The use of a swivel or changeover device shall be consistent with any notification and backflow protection provisions contained in the policy handbook.
(c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation.
(2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the 95 Ch. 455 — 2 —
Office of Administrative Law and the Secretary of State, shall become operative.

SEC. 3. Section 13521.2 is added to the Water Code, to read:
13521.2. (a) On or before January 1, 2023, the state board shall update the uniform statewide criteria for nonpotable recycled water uses established in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The deadline imposed by this section is mandatory only if the Legislature has appropriated sufficient funds, as determined by the executive director of the state board, in the annual Budget Act or otherwise to cover the state board’s costs associated with the performance of the duties imposed by this section. (b) For purposes of the update to the uniform statewide criteria for nonpotable recycled water uses described in subdivision (a), the state board shall adopt a regulation that incorporates by reference the criteria and applicable backflow protection provisions, including the provisions for the use of a swivel or changeover device for dual-plumbed systems, that are contained in the most recently adopted version of the policy handbook adopted pursuant to Section 116407 of the Health and Safety Code and any future versions of the policy handbook.

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Appendix B
ASME A112.1.2-2012(R2017) Table 1,
Minimum Air Gaps for Generally used Plumbing
Fixtures, page 4
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Appendix B
ASME A112.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures,
1 page 4
TABLE 1
Minimum Air Gaps for Generally used Plumbing Fixtures4

FIXTURES WHERE NOT AFFECTED
BY SIDEWALLS1
(inches)

WHERE AFFECTED BY
SIDEWALLS2
(inches)
Effective opening3 not
greater than ½ of an inch
in diameter
1 1
1 /2
Effective openings3 not
greater than ¾ of an inch
in diameter
1 1
/2 2
1 /4
Effective openings3 not
greater than 1 inch in
diameter
2 3
Effective openings3
greater than 1 inch in
diameter
Two times the diameter of
effective opening
Three times the diameter of
effective opening
For SI units: 1 inch = 25.4 mm
Notes:
1 Sidewalls, ribs, or similar obstructions do not affect air gaps where spaced from the inside edge of the spout opening at a distance exceeding three times the diameter of the effective opening for a single wall, or at a distance exceeding four times the effective opening for two intersecting walls. 2 Vertical walls, ribs, or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than specified in Footnote 1 above. The effect of three or more such vertical walls or ribs has not been determined. In such cases, the air gap shall be measured from the top of the wall.
3 The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing that feeds the device or outlet.

Where two or more lines supply one outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller.
4 Air gaps less than 1 inch (25.4 mm) shall be approved as a permanent part of a listed assembly that has been tested under actual backflow conditions with vacuums of 0 to 25 inches of mercury (85 kPa).
1 Reprinted from ASME A112.1.2-2012(R2017), by permission of The American Society of Mechanical Engineers. All rights reserved
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Appendix C
Backflow Prevention Assembly Diagrams
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Appendix C
Diagram 1
Double check detector backflow prevention assembly1
1 © 2023 University of Southern California. Used with permission.

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Appendix C
Diagram 2
Double check detector backflow prevention assembly – type II 2 2 © 2023 University of Southern California. Used with permission.

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Appendix C
Diagram 3
Double check valve backflow prevention assembly3
3 © 2023 University of Southern California. Used with permission C-4
Appendix C
Diagram 4
Pressure vacuum breaker backsiphonage prevention assembly 4 4 © 2023 University of Southern California. Used with permission C-5
Appendix C
Diagram 5
Reduced pressure principle backflow prevention assembly 5 5 © 2023 University of Southern California. Used with permission C-6
Appendix C
Diagram 6
Reduced pressure principle detector backflow prevention assembly 6 6 © 2023 University of Southern California. Used with permission C-7
Appendix C
Diagram 7
Reduced pressure principle detector backflow prevention assembly – type II 7 7 © 2023 University of Southern California. Used with permission C-8
Appendix C
Diagram 8
Spill-resistant pressure vacuum breaker backsiphonage prevention assembly 8 8 © 2023 University of Southern California. Used with permission C-9
Appendix C
Swivel-Ell Design and Construction Criteria
The criteria below, in conjunction with the swivel-ell diagrams that follow (Diagrams 9a and 9b), are minimum acceptable design and construction-related requirements for utilizing a swivel-ell. For restrictions and allowances for utilizing a swivel-ell, see CCCPH section 3.2.2.

A. Prior to operation of a swivel-ell, the PWS will receive approval for the design and construction plans of that swivel-ell from the State Water Board.

B. The drinking water supply must not, under any circumstances, be directly connected to the recycled water supply, nor be designed such that the recycled water use site could be supplied concurrently by a recycled water supply and a drinking water supply.

C. The drinking water supply line and the recycled water supply line must be offset (see Diagram 9b) in a manner that ensures a tee-connection, spool, or other prefabricated mechanical appurtenance(s) could not be readily utilized in lieu of the swivel-ell connection, nor result in the recycled water use site being supplied concurrently by recycled water and drinking water.

D. The recycled water supply line used in conjunction with the swivel-ell must be the only recycled water supply to the recycled water use area.

E. The swivel-ell must be located as close as practical to the public water system service connection, with the swivel-ell connection being located as close as practical to the RP upstream of the swivel-ell.

F. The swivel-ell must:

1. be located above ground;

2. be color-coded pursuant to section 116815 of the CHSC and its implementing regulations;

3. include appropriate signage, as required by regulation and the State Water Board;

4. be provided the security necessary to prevent interconnections, vandalism, unauthorized entry, etc.; and

5. be provided with meters on both the recycled water service and drinking water service connections.

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Legend for Diagram 9a and 9b (also see next page)
RP = Reduced pressure principle backflow prevention assembly RW = Tertiary-treated recycled water originating from wastewater treatment facility DW = Drinking water originating from a public water system W = Water (tertiary recycled water or drinking water) to use site. As pictured, configured for supplemental drinking water to the use site.

M = Meter (next page)
PE = Plain End (next page)
GRV = Groove (next page)
PWS = Public Water System (next page)
Diagram 9a: Example Swivel-Ell Pictorial (also see Plan View Schematics) Note: The RP, a required component of an acceptable swivel-ell, is not shown in the picture.

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Diagram 9b: Swivel-Ell Typical Plan View Schematics
(not intended to be an exact portrayal of the pictorial) C-12
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Appendix D
High Hazard Premises
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APPENDIX D

HIGH HAZARD CROSS-CONNECTION CONTROL PREMISES
The list below identifies premises that require backflow protection provided by an air gap or a reduced pressure principle backflow prevention assembly, unless noted otherwise. The list below is not intended to be all-inclusive. A PWS, State Water Board, or local health agency may require an AG, RP, or both to protect a PWS from other hazards not listed below and identified in premises through the hazard assessment completed in CCCPH Chapter 3, section 3.2.1. A PWS may reduce or increase the minimum protection required for a previously hazard-assessed user premise following a hazard reassessment as described in CCCPH Chapter 3, section 3.2.1.

1. Sewage handling facilities

2. Wastewater lift stations and pumping stations

3. Wastewater treatment processes, handling, or pumping equipment that is interconnected to a piping system connected to a PWS (+)

4. Petroleum processing or storage plants

5. Radioactive material storage, processing plants or nuclear reactors

6. Mortuaries

7. Cemeteries

8. Sites with an auxiliary water supply interconnected with PWS (+)

9. Sites with an auxiliary water supply not interconnected with PWS

10.Premises with more than one connection to the PWS (++++)

11.Recycled water (++)(+++)

12.Recycled water interconnected to piping system that contains water received from a PWS (+)

13.Graywater systems, as defined in California Water Code Section 14876, that are interconnected to a piping system that is connected to a PWS

14.Medical facilities

15.Kidney dialysis facilities

16.Dental office with water-connected equipment

17.Veterinarian facilities

18.Chemical plants

19.Laboratories

20.Biotech facilities

21.Electronics manufacture

22.Dry cleaner facilities

23.Industrial or commercial laundry facilities

24.Metal-plating facilities

25.Business park with a single meter serving multiple businesses

26.Marine-port facilities

27.Car wash facilities

28.Mobile home park, RV park, or campgrounds with RV hookups D-2

29.Hotels/motels

30.Gas stations

31.Fire stations

32.Solid waste disposal facilities

33.Pet groomers

34.Agricultural premises

35.Hazard assessment access denied or restricted

36.Railroad maintenance facilities

37.Incarceration facilities (e.g. prisons)

38.Temporary connections to fire hydrants for miscellaneous uses, including construction

39.Private water distribution mains

40.Drinking water storage tank overflow connected to a sump or storm drain (+)

41.Airports
(+) Premise isolated by air gap only except as allowed through CCCPH Section 3.2.2(c) (++) Dual-plumbed use areas established per CCR Title 22, Section 60313 through 60316.
(+++) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to CCR Title 22, sections 60313 through 60316 shall use, at a minimum, a DC. If the water supplier is also the supplier of the recycled water, then the recycled water supplier may obtain approval of the local public water supplier or the State Water Board, to utilize an alternative backflow protection plan that includes an annual inspection of both the recycled water and potable water systems and an annual cross-connection test of the recycled water and potable water systems pursuant to subsection 60316(a) in lieu of any BPA. (++++) All connections must receive at least the same level of protection excluding fire protection when connected to the PWS distribution system (e.g. if one connection requires an RP then all connections must have RPs installed).

Appendix E
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APPENDIX E
General Range of Knowledge for Cross-Connection Control Specialists To effectively prevent unintended backflow into a PWS’s distribution system, it is necessary for a cross-connection control specialist to have an understanding of a range of subjects related to cross-connection control. This appendix provides a list of such subjects.

This appendix is not meant to preclude instruction of additional subjects that may be necessary or beneficial to the goal of a prospective or existing cross-connection control specialist in being proficient in protecting public health from backflow through crossconnection control measures. Emphasis on particular subjects should be in a manner that best achieves that goal.
(a) GENERAL
(1) Cross-connection control terminology.
(2) The history leading to the need for cross-connection control, including causes, impacts, including but not limited to:
(A) potable water distribution systems;
(B) examples of backflow incidents and actual or potential public health impacts; and
(C) evolution of methods of cross-connection control and backflow prevention assemblies.
(3) Hydraulics (general) – An understanding of hydraulic gradients, pressure variations, flow rates, temperature, the properties of water, backsiphonage, backpressure, and other elements necessary to understand the causes for backflow.
(4) Public outreach – How to appropriately convey the value of cross-connection control to PWS personnel and the public.
(b) LAWS, REGULATIONS, AND GUIDANCE
(1) Federal – Applicable federal laws, regulations, and guidance. (2) State – California laws and regulations, including, but not limited to, the State Water Resources Control Board’s most recent edition of its Cross-Connection Control Policy Handbook and other requirements related to cross-connection control.
(3) Local – An understanding of the need to ensure local requirements are considered and how best to find such requirements.

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(c) HAZARD ASSESSMENTS AND METHODS TO PREVENT BACKFLOW
A comprehensive understanding of how to conduct cross-connection surveys of water systems for the purpose of identifying cross-connections, assessing hazards, and identifying the most effective and legally appropriate methods for protection from backflow. At a minimum, the following topics should be considered to achieve such an understanding:
(1) Surveys:
(A) Preparation (e.g., authority, notification, prioritizing customers/premises, coordinating with public water systems, etc.); (B) Design and as-built drawings related to water supply and crossconnection control; (C) Public water system schematics;
(D) How to identify existing and new construction, with an understanding of how construction may impact backflow protection;
(E) How to identify cross-connections (actual and potential); (F) How to identify and differentiate between high hazard and low hazard cross-connections; and
(G) Problems associated with multi-story buildings, multiple service connections at a premises, typical water-use equipment, etc., and varying types of water service, including irrigation, recycled water, gray water, fire prevention systems, and dual plumbed premises.
(2) Assessing Hazards:
(A) Identifying and differentiating between premises activities leading to high hazard cross-connections and low hazard cross-connections (for examples of high hazard activities, see Appendix D); and (B) Understanding potential public health impacts from backflow associated with the problems in section (c)(1)(G) of this appendix. (3) Assemblies and Methods for Backflow Prevention:
(A) A comprehensive understanding of approved methods for crossconnection control and preventing backflow with respect to an assessed hazard;
(B) Identifying unapproved methods for cross-connection control and preventing backflow;
(C) An understanding of components, design and operation, proper installation and location of backflow prevention assemblies, including air gaps, and backflow prevention assembly field test methods, field test results, and the assessment of air gaps; and
(D) Identifying unapproved assemblies, as well as those assemblies whose operation and/or state of repair necessitates replacement with an approved assembly.

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(d) CROSS-CONNECTION CONTROL PROGRAMS
A comprehensive understanding of the development, elements, and administration of cross-connection control programs, including, but not limited to:
(1) An ability to assess the federal, state, and local requirements applicable to a public water system’s cross-connection control program, such that adherence to the cross-connection control program would result in compliance with the requirements;
(2) The roles, responsibilities, and authority of individuals and entities involved in the critical elements of a successful plan for cross-connection control (see CCCPH section 3.1.4); and
(3) The ability to assess the components of a public water system’s CrossConnection Control Plan (see CCCPH section 3.1.4) that best assures the prevention of undesired backflow into the public water system’s distribution system, and to communicate deficiencies to public water system personnel. (e) CROSS-CONNECTION TESTS
A comprehensive understanding of:
(1) The purpose of a cross-connection test and when a cross-connection test should be performed;
(2) The ability to develop protocols and make arrangements for cross-connection tests, and subsequently oversee and/or perform such cross-connection tests, in a manner that determines whether interconnections exist between unapproved sources and approved water supplies; and
(3) Follow-up actions and notifications if a cross-connection test indicates an interconnection.
(f) RECORDKEEPING AND INCIDENT RESPONSE
A comprehensive understanding of:
(1) The agencies and authorities to be notified in the event of a backflow incident;
(2) How to determine the cause of a backflow incident and the actions necessary to prevent similar incidents in the future;
(3) How to properly document a backflow incident, including but not limited to the information in the example backflow incident response form in Appendix F; and (4) How to properly document the elements associated with surveys and hazard assessments, including those identified in section (c) of this appendix.

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Appendix F
Example Backflow Incident Reporting Form
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BACKFLOW INCIDENT REPORT FORM
Water System: _______________________________________________________ Water System Number: _________________________________________________ Incident Date: ________________________________________________________ Incident Time (if known):________________________________________________ Incident Location: _____________________________________________________ How was the incident discovered?
____________________________________________________________________ Backflow Originated from:

Premise Location: ________________________________________________ Address: ______________________________________________________________ Premise Contact Person: _______________________ Title:____________________ Phone:_______________ Email: ________________________________ Connection Type: (please check one)
Industrial Commercial Single-Family Residential Multi-Family Residential Irrigation Recycled Water Water System Facility
Other: _______________________________________
Description and source of backflow substance (please be as descriptive as possible):
_____________________________________________________________________ ______________________________________________________________________ If available, please attach an MSDS or other chemical description form Was the backflow fluid contained within the user side? YES NO Estimated Number of Affected Persons: ______________________________________ F-2
Number and description of consumer complaints received:
______________________________________________________________________ ______________________________________________________________________ Did any consumers report illness? Please describe.
______________________________________________________________________ ______________________________________________________________________ If applicable, please describe the consumer notification:
_____________________________________________________________________ ______________________________________________________________________

INVESTIGATION
Please describe the water system investigation including time frames:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ What was the area system pressure? _______________________________________ Is this within typical range: YES NO - typical pressure: _____________ Was a sample of the water contaminated by the backflow incident collected and stored before flushing? YES NO
Please describe all sampling:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ DDW recommends laboratory or field sampling for the following parameters: total coliform, E. coli, free and total chlorine residual, pH, odor, turbidity, temperature, and color. Additional sampling should be collected at the PWS and regulatory agency’s discretion.

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CORRECTIVE ACTIONS
Please describe the corrective actions taken by the water system:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Was the chlorine residual increased after discovery of backflow incident? YES NO Date of the last cross-connection control hazard assessment of the premise with the backflow incident conducted: ______________________________________________ Did the premise have backflow prevention assemblies? YES NO Date of most recent backflow prevention assembly test(s): _______________________ When was the Division of Drinking Water or Local County Health office notified? Date: __________________Time: __________ Contact Person: __________________ Was the Division or Local County Health notified within 24 hours? YES NO Other agencies or organizations contacted?

CERTIFICATION
Name: _________________________________ Job Title: _______________________ Certification(s): _________________________________________________________ ______________________________________________________________________ Please list all cross-connection control related certifications including number and expiration date
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I certify that the forgoing information is true and correct to the best of my ability.

Signature: ____________________________ Date: ___________________________ Attach the following applicable documentation

1. Laboratory Test Results

2. Sketch of the cross-connection and modifications

3. MSDS or chemical information forms if chemical hazard is known

4. Applicable backflow assembly test reports including the most recent test before the incident

5. Other relevant supporting documentation
Appendix G
Related Statutes and Regulations
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The following laws and regulations are considered related or tangential to the CCCPH, and are included in a descriptive format to provide additional, relevant background information
California Laws and Regulations
In addition to the California SDWA statutory requirements cited in CCCPH Chapter 1, section 1.3.1, California has statutes addressing certain authorities and requirements that may have influenced the CCCPH or may otherwise be of interest. ▪ Urban and community water systems must have a written policy on discontinuation of residential service for nonpayment and must not discontinue residential service for nonpayment if certain conditions are met. (CHSC sections 116900 – 116926) ▪ Senate Bill 1263 (2017) requires that before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report which must include a cost comparison of a new public water system and consolidations with an existing system. (CHSC section 116527) ▪ Effective June 24, 2015, Senate Bill 88 (SB 88) (Statutes 2015, Chapter 27) added sections 116680-116684 to the CHSC, allowing the State Water Board to require certain water systems that consistently fail to provide safe drinking water to consolidate with, or receive an extension of service from, another public water system. The consolidation can be physical or managerial. ▪ Local health officers may maintain programs for the control of cross-connections by water users, within water users’ premises, where public exposure to backflow may occur. Such programs may include water user premises inspections, collection of fees, certification of backflow prevention assembly1
(BPA) testers, and other
discretionary elements. Local health officer BPA tester certification standards must be consistent with the standards prescribed in the CCCPH. Water users are required to comply with all orders, instructions, regulations, and notices from the local health officer regarding installation, testing, and maintenance of a BPA. (CHSC sections 116800 - 116820).
▪ Pursuant to the California Building Standards Law (CHSC sections 18901 - 18949.31), the California Building Standards Commission (CBSC) must administer the processes related to the adoption, approval, and publication of regulations referred to as the California Building Standards Code (Title 24, California Code of Regulation). Title 24 serves as the basis for the minimum design and construction 1 California statutes use a variety of terms when referencing a ‘backflow prevention assembly’ (e.g., backflow protective device, backflow protection equipment, backflow prevention device, backflow or back siphonage protection device, backflow preventer, or backflow device). For consistency with industry terminology, ‘backflow prevention assembly’ is used in the CCCPH, unless directly quoted otherwise.

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of buildings in California and includes the California Plumbing Code (Part 5 of Title 24), which contains requirements pertaining to cross-connection control and backflow prevention.
▪ A BPA intended to convey or dispense water for human consumption via drinking or cooking must meet California’s “lead free” requirements. (CHSC section 116875)
▪ Limits are established for the installation of backflow protection equipment where automatic fire sprinkler systems are utilized. (CHSC section 13114.7)2 ▪ Cross-connection control must be addressed in engineering reports that are required (CCR Title 22, section 60323) for recycled water projects. (Wat. Code section 13552.8)
▪ If a public agency requires the use of recycled water for toilet and urinal flushing in a structure (except certain mental health facilities), the public health agency must prepare an engineering report that addresses cross-connection control. (Wat.

Code section 13554)
▪ Prior to indoor use of recycled water in a condominium project, the entity delivering the recycled water must submit a report, for State Water Board3 approval, and include the following related to cross-connection control (Wat. Code section 13553(d)(1)):
▫ The condominium project must be provided with a backflow prevention assembly approved by the State Water Board.
▫ The backflow prevention assembly must be inspected and tested annually by a certified tester.
▫ The condominium project must be tested by the recycled water agency or local agency at least once every four years for indications of possible crossconnections between the condominium’s potable and non-potable systems. ▪ California’s Department of Water Resources was required to convene a task force, known as the 2002 Recycled Water Task Force, to identify constraints, impediments, and opportunities for the increased use of recycled water and report 2 CHSC section 13114.7 historically provided potential limits for backflow prevention assemblies on fire sprinklers. Even though current standards differ from the language stated in CHSC section 13114.7, it is still being provided as a historical reference as there may still be installations with the now outdated limits established in section 13114.7
3 The California Department of Public Health’s authority and responsibility pertaining to this reference was transferred to the State Water Board via Senate Bill 861 (2014, Chapter 35). As such, applicable statutory mandates that may refer to “California Department of Public Health” or “Department” may be referred to as “State Water Board” in this document.

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to the Legislature by July 1, 2003. The task force was also asked to advise and make recommendations concerning cross-connection control, including the applicability of visual inspections instead of pressure tests for cross-connections between potable and non-potable water systems. (Wat. Code section 13578(b)(1).

The final report4 provided the following recommendations to the State Water Board – Division of Drinking Water (Division):
▫ Prepare guidance on dual plumbed regulations (22 CCR sections 60313-60316) consistent with Appendix J of plumbing code (Chapter 15 of 2019 California Plumbing Code, formerly Chapter 16A).
▫ Support thorough assessment of risk associated with cross-connections between disinfection tertiary recycled water and potable water. ▫ Ensure uniform interpretation of cross-connection control requirement of Title 22 regulations (recycled water) and Title 17 (cross-connection control regulations)
▫ Recommend stakeholders to review draft Title 17 regulations. ▪ A person engaged in the salvage, purchase, or sale of scrap metal who knowingly possesses a backflow prevention assembly (or connections to the assembly or any part of the assembly), or who failed to report the possession of such items, which was previously owned by a utility or public agency, is guilty of a crime. (Pen. Code section 496e)
▪ Junk dealers or recyclers who possess a backflow prevention assembly (or connections to that assembly or any part of the assembly) without a written certification from the agency or utility owning or previously owning the assembly will be liable to the agency or utility for the wrongful possession. (Civ. Code section 3336.5 and, similarly, Bus. & Prof. Code section 21609.1) Please note that a number of the codes, regulations, and statutes cited above are implemented under the authority of regulatory entities other than the State Water Board and would therefore be beyond the scope of this CCCPH. The intent of providing such citations is to increase general awareness with respect to other potential statutory requirements associated with cross-connection control. The list is not exhaustive and does not include other requirements that may exist, including those via regulations that may have been adopted by an appropriate regulatory entity.

Federal Laws and Regulations
4 California Department of Water Resources. (2003). Water Recycling 2030: Recommendations of California’s Recycled Water Task Force
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All suppliers of domestic water to the public are subject to regulations adopted by the U.S. Environmental Protection Agency (EPA) under the U.S. Safe Drinking Water Act (SDWA) of 1974, as amended (42 U.S.C. section 300f et seq.), as well as by the State Board under the California SDWA (Health & Saf. Code, div. 104, pt. 12, ch. 4, section 116270 et seq.). Additionally, the State Water Board has been delegated primacy - the responsibility and authority to administer U.S. EPA's drinking water regulations within California – on the condition that California adopt enforceable requirements no less stringent than U.S. EPA's.

The U.S. EPA currently has no distinct cross-connection control requirements that apply broadly to public water systems (PWS); however, the importance of cross-connection control is evident by the issue papers and guidance documents developed by U.S. EPA and their recognition that cross-connections and backflow represent a significant public health risk (see discussion in Chapter 2). Although U.S. EPA currently has no distinct cross-connection control requirements, the subject of cross-connection or backflow prevention assemblies is included in the U.S. SDWA and the Code of Federal Regulations (C.F.R.) in relation to PWS, including the following:
5 ▪ If used exclusively for non-potable services, a backflow prevention assembly (BPA) is exempt from the federal lead prohibitions. (42, U.S.C. section 300g) ▪ Allows increasing disinfectant concentrations in a PWS distribution system in the event of a cross-connection (backflow) event. (40 C.F.R. section 141.130(d)) ▪ Proper maintenance of the distribution system, including cross-connection control, is identified as a best available technology (BAT) for microbial contaminant control. (40 C.F.R. section 141.63(e))
▪ Under the federal Revised Total Coliform Rule, a PWS having a cross-connection control program is one of the enhancements necessary to reduce monitoring for a PWS that had been under an increased monitoring frequency. (40 C.F.R. section 141.854(h)(2))
▪ Under the federal Revised Total Coliform Rule, a PWS having a cross-connection control program is a criterion for a state to allow a reduced monitoring frequency (40 C.F.R. section 141.855(d)(1))
▪ If a state allows the monitoring frequency reductions previously mentioned under the federal Revised Total Coliform Rule, a state is required to include in its primacy package to U.S. EPA how a PWS will be required to demonstrate cross-connection control. (40 C.F.R. section 142.16(q))
5 For requirements unrelated to cross-connection control, please consult California’s laws and regulations specific to the topic of interest. California may have more stringent requirements (e.g., reduced monitoring allowed via federal regulations may be prohibited in California).

Meeting Date: 5/6/2025 Page 1 Agenda Item # VII.A.1.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Financing Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Administrative Policy – Utilities Billing MEETING DATE: 5/6/2025 SUBMITTED BY: Paul Harris, Utilities Director
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to authorize an amendment of the Administrative Policy – Utilities Billing to comply with Senate Bill 3.

BACKGROUND/DISCUSSION:

In 2019, the Legislature adopted Senate Bill 998, the Water Shutoff Protection Act (the Act), Health and Safety Code Sections 116900 et. seq., increasing protections for residents facing termination of water service due to non-payment.1 In enacting these protections, the Legislature recognized that water debt and residential water shutoffs threaten human health and well-being and “have disproportionate impact on infants, children, the elderly, low-income families, communities of color, people for whom English is a second language, physically disabled persons, and persons with life- threatening medical conditions.” (Sen. Bill. 998 (2017-2018 Reg. Sess.) §1, subd. (c).)
In 2023, the Legislature adopted Senate Bill 3 which expanded the protections of the Act to more people by applying the Act to smaller water systems. While the Act previously applied to systems with more than 200 service connections, the Act now applies to all community water systems. (§116902, subd. (e) incorporating the definition in §116275.) Application of the Act to these newly covered, smaller systems took effect August 1, 2024. (§116904, subd.(d).)
Senate Bill 3 also clarified that covered watersystems must provide alternative payment plan options to all customers who are unable to pay their water bill, not only customers who meet certain medical and financial criteria. (§116906, subds. (a)(1) & (a)(2).) This requirement took effect on January 1, 2024.

The Act continues to apply only to the discontinuation of residential water service for nonpayment. (§§116906, subd. (a); 116902, subd. (c).) The Act does not apply to terminations due to an unauthorized action by a customer. (§116926.) The Act has several requirements for termination of water service due to nonpayment, discussed below.

Covered water systems should immediately cease all water shutoffs that do not comply with the Act. Water systems that have not yet adopted compliant policies and made those policies available to the public must do so immediately. The Act can be enforced by the State Water Resources Control Board and the California Public Utilities Commission, which have authority to issue citations with monetary Meeting Date: 5/6/2025 Page 2 Agenda Item # VII.A.1.
1 All statutory references are to the Health and Safety Code. penalties to non-compliant water systems. The Attorney General and the California Public Utilities Commission can enforce the Act by seeking a temporary or permanent injunction and the Attorney General can seek restitution against non-compliant water systems.

No Water Shutoffs Unless At Least 60-Days Delinquent
• Under the Act, a covered water system cannot discontinue service until a payment by a customer has been delinquent for at least 60 days. (§116908, subd. (a)(1)(A).) • If service is discontinued for nonpayment, the water system is required to provide information about how to restore residential service. (§116912.)
• The Act also prohibits water shutoffs for residents who meet certain health and financial requirements and who are willing to make alternative payments. (§116910.) • Reconnection fees are limited by the Act for residents with income below 200 percent of the federal poverty level and those residents are entitled to a waiver of interest charges on delinquent bills once every 12 months. (§116914.)
Written Policy Required
The Act requires every covered water system to have a written policy on discontinuation of residential water service for nonpayment. The policy shall include all of the following:
(1) a plan for deferred or reduced payments that is available to any customer; (2) alternative payment schedules that are available for any customer; (3) a formal mechanism for a customer to contest or appeal a bill; and (4) a telephone number for a customer to discuss options to avoid discontinuation of service due to nonpayment. (§116906, subd. (a).)
This policy shall be available on a website if the provider has one. (§116906, subd. (b).) If the water system does not have a website, the policy shall be provided to the customer upon request. (§116906, subd. (b).) Covered water systems with 200 or more service connections must make the policy available in English, Spanish, Chinese, Tagalog, Vietnamese and Korean. (§116906,subd. (a); Civil Code, §1632.) Covered water systems with fewer than 200 service connections must make the policy available in English, any other language spoken by at least 10 percent of the people residing in the service area, and, upon customer request, any of the languages listed in Civil Code section 1632. (Ibid.) Telephone or Written Notification Requirements
The Act also addresses the notice which must be provided to the person listed on the water bill and provides notification protections for tenants, including:
• Notice must be provided to the person listed on the water bill at least 7 business days before the possible termination of service. (§116908, subd. (a)(1)(B).) • If the customer’s address is not the address of the property where water service is provided, notice must also be mailed to the property address, addressed to “Occupant.” • If the water system is unable to make contact with the customer or an adult occupying the residence by telephone, and written notice is returned as undeliverable, the water system is required to make a good faith effort to visit the residence and leave or make arrangements for placement in a conspicuous place a notice of imminent discontinuation for nonpayment and the system’s discontinuation policy. (§116908, subd. (a)(2).) Meeting Date: 5/6/2025 Page 3 Agenda Item # VII.A.1.
• The notice must include the following: customer’s name and address; amount of delinquency; date by which payment or arrangement for payment is required to avoid discontinuation of service; description of the process to apply for an extension of time to pay the delinquent charges; description of the procedure to petition for bill review and appeal; and description of the procedure by which the customer can request a deferred, reduced, amortized or alternative payment schedule. (§116908, subd. (a)(1)(C).)
• Tenants of individually metered residences must be notified in writing that they have the right to become customers to whom water service will be billed without having to pay any of the delinquent amounts. (§116916, subd. (b).)
If an appeal is filed by “an adult at the residence,” a covered water system cannot terminate service while the appeal is pending. (§116908, subd. (b).)
Annual Reporting
A covered water system must report annually to the State Water Resources Control Board on water shutoffs due to inability to pay and post the information on its website if it has one. (§116918.) OPTIONS:
• Move to authorize the amendment to the Administrative Policy – Utilities Billing. • Provide alternative direction to staff.

FISCAL IMPACT:

None Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase:

Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Move to authorize the amendment to the Administrative Policy – Utilities Billing Attachments: 1. Administrative Policy – Utilities Billing (5/6/2025)

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CITY OF LAKEPORT

ADMINISTRATIVE POLICY
Utilities Billing
Adopted September 22, 2004
Amended May 6, 2025
In order to better serve customers of the City’s water and sewer services (“services”) and franchise garbage service, the following procedures are to be followed:

Section One Billing Period
City staff shall read meters during the last week of each month, as close to the last day of the month as possible. Bills will be generated based on fixed costs and usage and mailed on the 12th of the following month or as close to this date as possible (“statement billing date”).

Section Two Bills Declared Late
All payments are to be received no later than the 9th day after the statement billing date. If not paid by that time, a late fee will be assessed in the amount set from time to time by resolution of the City Council. A late notice will be mailed to each customer declared late advising of an assessment of a late fee. Customers will be provided 49 calendar days’ notice after the date on the notice prior to shut off of service.

Section Three Final Notice of Termination of Service
If bill is not paid in full, or if alternative payment arrangements have not been made, by the 58th day from which the bill was issued, a final attempt will be made to contact customer by telephone, personal contact, or door hanger advising that service will be shut off 48 hours from the 58th day or closest business day thereafter.

Section Four Required Notice in Each Invoice, Statement or Billing With each invoice, statement, or billing for water, sewer, or garbage service, or any combination thereof, there shall be attached, enclosed, or included a notice reading substantially as follows:

NOTICE TO CUSTOMER: If you believe that you have been overcharged for water, sewer service, or garbage collection service rendered, or that you have been charged for service not rendered, please telephone 707-263-5615, Extension 305, and you will be given an explanation of how the amount you were charged was computed, the discontinuation policy will be provided and options to avert termination will be discussed. If you are not satisfied with this explanation and still wish to dispute the matter you have the right to have the matter heard by an employee of the City of Lakeport who has the power to resolve the dispute. To arrange for an informal hearing, please telephone 707-263-5615 no later than fifteen (15) days after the billing date shown on your statement or submit your request in writing to Finance Department, 225 Park Street, Lakeport, CA 95453, postmarked or received not later than fifteen (15) Administrative Policy – Utility Billings
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days after the billing date. Failure to request a hearing before the deadline will result in the loss of a right to a hearing on this matter. Failure to pay the amount of your bill not later than (a) 15 days from the date of the hearing; or (b) 20 days from the date of your statement, whichever occurs later, may result in the discontinuation of your water, sewer, and/or garbage service.

Section Five Hearing—Request
If a customer who receives an invoice, statement, or billing for water, sewer service, or garbage collection service wishes to dispute the amount due as an overcharge for service rendered or a charge for service not rendered, the customer shall have the right to request an informal hearing of the dispute by either of the following:
(a) Telephoning the number designated for such purposes in the notice transmitted with the billing, statement or invoice not later than fifteen (15) days from the date of mailing thereof; or (b) Making a written request for such hearing received by the City or postmarked not later than fifteen (15) days from the date of mailing.

Section Six Hearing—Procedure
Upon receipt of a request for hearing, a hearing shall be scheduled not later than ten (10) days from the date of the request. The hearing shall be conducted in an informal manner by an employee of the City designated by the City Manager to conduct such a hearing. At the hearing, evidence may be presented and shall be considered bearing on whether the correct amount has been charged for the service which has been rendered. At the conclusion of the hearing, the person conducting the hearing shall make a decision based upon the evidence and shall have the authority to adjust the amount due in a fair and equitable manner.

Section Seven When Utility Service May Be Discontinued
(a) If a hearing is not requested within fifteen (15) days, or if a hearing has been requested and the customer fails to appear for it or have it continued, and the amount stated to be due is not paid in full within sixty (60) days of the date of mailing of the billing, statement or invoice, the City shall have the right to discontinue the service or services for which billing was rendered provided that any other applicable procedures for discontinuance of service required by this Administrative Policy are followed.
(b) If a hearing shall have been requested and conduct and the person in charge of conducting the hearing shall have determined the amount to be due thereafter, and the amount determined to be due is not paid in full within fifteen (15) days of such decision, the City shall have the right to discontinue the service or services for which billing was rendered provided that any procedures required for discontinuance of service required by the Administrative Policy are followed.

Section Eight Discontinuation of Service—Nonpayment
(a) No service of water, sewer, or garbage collection shall be discontinued for nonpayment of any amount due unless the provisions of this section shall have been complied with. (b) Pursuant to California Public Utilities Code, Section 10010.1 and Health and Safety Code, Section 116908, prior to termination of any such service for nonpayment, the City Manager or designee shall cause notice of the delinquency and impending termination (Notice of Termination) to be given at least seven (7) days prior to the proposed termination by means of a notice mailed, postage Administrative Policy – Utility Billings
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prepaid, to the customer to whom the service is billed, not earlier than 60 days from the date of mailing the City’s bill for service. If the customer's address is not the address of the property to which residential service is provided, the notice also shall be sent to the address of the property to which residential service is provided, addressed to “Occupant.” (c) The City Manager or designee shall make a reasonable, good-faith effort to contact an adult person managing, in charge of, or residing at the premises of the customer by telephone at least 48 hours prior to any termination of service. The City Manager or designee shall maintain records documenting any such telephone contacts or attempts thereof. If a successful contact is made, the person contacted shall be offered a copy of the City’s policy on discontinuation of residential service for nonpayment in writing and given the information set forth in paragraphs (1) through (7) of subsection (d). If telephone contact is unsuccessful, City Manager or designee shall give, by mail, in person, or by posting in a conspicuous location at the premises, a Notice of Termination of service, at least 48 hours prior to termination. If contact by phone and written notice fails, Notice of Termination must be left at the property by person.
(d) The Notice of Termination of service shall contain the following in a clear and legible format:
(1) The name and address of the customer whose account is delinquent. (2) The amount of the delinquency.
(3) The payment deadline to avoid termination of service. (4) The process to apply for a payment extension.
(5) The process to petition for bill review and appeal. (6) The process to request a deferred, reduced, or alternative payment schedule. (7) The telephone number of a representative of the City who can provide additional information or institute arrangements for payment
(e) The City shall not terminate water, sewer, or garbage collection service for nonpayment in either of the following situations:
(1) An appeal under Section 5 or Section 6 is pending.
(2) The following apply:
(A) A primary care provider certifies that termination poses a serious threat to the health and safety of a resident;
(B) The customer is financially unable to pay as demonstrated by a household member’s receipt of government assistance; or the customer declares that household’s annual income is less than 200% of the federal policy level, and (C) The customer is willing to enter into an amortization agreement or deferred, reduced, or alternative payment schedule.
(f) The City Manager or designee shall review all requests for extension of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment, made within 60 days from when the bill was issued. The City Manager or designee shall consider whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed twelve (12) months.
(g) Any customer who has initiated a complaint or has requested an investigation which has resulted in a determination by the City Manager or designee adverse to the customer may appeal the determination to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after the date of written notice of the determination has been rendered by the City Manager or designee.

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(h) Any customer shall, upon request, be permitted to amortize, over a period not to exceed twelve (12) months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment. Alternatively, City Manager or designee has discretion to offer a different deferred, reduced, or alternative payment schedule as described in Health and Safety Code section 116910.
(i) Service shall not be terminated if a customer is complying with an amortization agreement, except as provided in this subdivision. If a customer fails to comply with an amortization agreement for at least 60 days or fails to pay current residential charges for at least 60 days while on an amortization agreement, the City shall terminate service after giving notice to the customer at least five days before termination. This notice does not entitle the customer to further investigation by the City.
(j) For households with a member who receives government assistance or who declares an annual income of less than 200 percent of the federal poverty level reconnection, fees may not exceed $50 during operating hours and $150 for non-operating hours, as adjusted for inflation under Health and Safety Code section 116914. The City shall waive interest charges on delinquent bills for these households once every 12 months.
(m) Upon discontinuation of residential water service for nonpayment, the City Manager or designee shall provide the customer with information on how to restore service. (n) The City shall post the number of annual discontinuations of residential service for failure to pay on its website and report that number to the State Water Resources Control Board.

Section Nine Deposits—When Required
(a) The City Manager or designee shall require any customer to request water at a location that they do not own, to pay to the City a deposit as a condition of receiving services. Upon request for service, account holder will be required to provide the City a lease agreement or authorization from a landlord for the tenant to obtain services. Payment of a deposit is required upon the establishment of the account. Failure to pay such deposit within the time required shall be treated in the same manner as other nonpayment of amounts due for purposes of this chapter. (b) The City Manager or designee shall require all customers who are receiving or have applied or requested receipt of garbage collection service and are not receiving or will not receive water or sewer service from the City, to pay to the City a deposit in an amount set from time to time by resolution of the City Council, at the time of establishment of the account.. Payment of a deposit is required upon the establishment of the account. Failure to pay such deposit within the time required shall be treated in the same manner as other nonpayment of amounts due for purposes of this chapter. (c) The City Manager or designee may determine the amounts to be deposited pursuant to subsections (a) and (b) of this section and shall generally require that the deposit shall be in an amount set from time to time by resolution of the City Council. (d) Deposit amounts will be charged on a scale with three categories based on a credit check run by the Finance Department; Good being a score over 740, Fair being a score between 670 and 739, and Poor being below 670.
(e) In case of voluntary service discontinuance, said deposits may be applied toward payment of the charges, penalties, and costs of collection, but only insofar as necessary to liquidate the cumulative amount thereof. The amount of any unapplied deposit, shall be remitted to the account holder at the last known address as noted in the City’s utility billing system.

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Section Ten Property Owner—Responsibility for Payment for Accounts for Certain Commercial and Residential Dwelling Units Where a water, sewer and garbage collection service for multiple units (residential and or commercial) is provided through a “Master Meter,” the account shall be established in the name of property owner thereof. Where such “Master Meter” service has been in the name of the tenant or tenants of such unit, and such service has been discontinued one or more times within a twelve-month period for failure by any such tenant or tenants to pay the amounts due for service for such dwelling unit, the City Manager or designee shall require that service to be established in the name of the property owner thereof.

Section Eleven Property Owner—Responsibility for Payment for Accounts Solely for Garbage Collection Service
(a) Whenever a request or application has been made for receipt of garbage collection service to premises occupied by a tenant or lessee which is not receiving or will not receive water or sewer service from the City, the City Manager or designee shall require service to be established in the name of the property owner thereof and the property owner shall be required to pay the City any amount due for said garbage collection service
Section Twelve Termination of Service for Other Than Nonpayment—Not Prohibited
Nothing in this Administrative Policy shall preclude the City from discontinuance or termination of water service or wastewater service in the following cases:
(a) Termination of wastewater service to any premises if a violation of any provision of Lakeport Municipal Code Chapters 13.20 through 13.22 is found to exist, or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance. (b) Discontinuance of water service for nonpayment of a bill for water service rendered to the customer at a non-residential location.
(c) Discontinuance of water service for violation of City rules and regulations pertaining thereto.
(d) Discontinuance of water service where part of the consumer’s service appliances or apparatus is unsafe, or if the utilization of water by means thereof is prohibited or forbidden under the authority of any law or municipal ordinance or regulation. (e) Shutting off of water service from any consumer in case of fire or an alarm of fire. (f) Discontinuance of delivery of water to premises having an auxiliary water supply where the City water supply is in danger of being contaminated, where the required protective device has not been installed, is defective, or has been removed or bypassed, and the consumer cannot immediately be located, pursuant to Lakeport Municipal Code Chapter 13.08.

Section Thirteen Delinquent Bills—Lien and Tax Roll Procedures (a) The City Manager or designee may cause charges for water service, and sewer service, which are delinquent for not less than sixty days to be collected on the County tax roll in the same manner, by the same persons, and at the same time as, together with and not separate from, the County property taxes.

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(b) The City Manager or designee shall cause a written report to be prepared each year and filed with the City Clerk, which shall contain a description of each parcel of real property receiving such service as to which such delinquency exists and the amount of the charge due for each parcel.

The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the County Assessor. (c) The City Clerk shall cause notice of filing of said report and of a time and place of public hearing thereon to be published pursuant to Section 6066 of the Government Code prior to the date set for hearing in a newspaper of general circulation printed and published within the City, Such notice shall be published once a week for two successive weeks, with the first publication at least 14 days prior to the public hearing. The first time such charges are collected on the tax roll following adoption of this section, the City Clerk shall cause a notice in writing of the filing of said report proposing to have such charges collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll. If the City Council adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years, but notice of publication as herein provided shall be adequate.
(d) At the time stated in the notice, the City Council shall hear and consider all objections or protests, if any, to said report referred to in said notice. The City Council may continue the hearing from time to time.
(e) Upon the conclusion of the hearing the City Council may adopt, revise, change, reduce, or modify any charge as described in said report by a two-thirds vote. The determination of the City Council shall be final. The resolution shall make a determination upon each charge described in the report, and shall state that the delinquent charges shall be collected on the tax roll in the same manner as general taxes.
(f) On or before August 10 of each year following the final determination upon each charge, the City Clerk shall file with the County Auditor or designee a copy of the report prepared pursuant to this section with a statement endorsed of the report over his/her signature that the report has been finally adopted by the City Council. The County Auditor or designee shall cause to be entered the amounts of the charges against the respective lots or parcels of land as they appear on the County’s current assessment roll.
(g) Except as provided in subsection (h), the amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed in accordance with the County’s policies and procedures.
(h) All laws applicable to the levy, collection, and enforcement of general taxes of the City, including, but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such charges, except that if any real property to which such charges relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by subsection (g) shall not attach to such real property, and the charges relating to such property shall be transferred to the unsecured roll for collection. (i) The City shall not seek to recover delinquent charges or associated penalties for a tenant’s residential use against the property owner, including through placement of such charges on the County tax roll.

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Section Fourteen Tenants—Notice of Termination of Service for Nonpayment
In all cases where water, sewer or garbage collection service is supplied to several tenants from one connection or tap, the city contracts only with the owner of the property or his authorized agents, and on owner’s failure to comply with these regulations or to pay the monthly charges, the services will be disconnected until regulations are complied with or the charges paid. (a) For master-metered residential service, the City will make a good faith effort to inform the occupants, by means of written notice at least fifteen (15) days prior to termination, stating that the account is past due, and the service will be terminated on the date specified in the notice. The notice will also specify what the occupants are required to do in order to prevent termination of, or to reestablish service; the estimated monthly cost of service; the title, address, and telephone number of a representative of the City who can assist the occupants in continuing service; and the address or telephone number of a qualified legal services project that has been recommended by the local county bar association.
(b) If it is not reasonable or practicable to post the notice on the door of each unit in a master-metered residential property, the City will post two (2) copies of the notice in each accessible common area and at each point of access to the structure or structures. The notice will inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account; provided, however, that the occupants agree to the City’s terms and conditions of service and other requirements. However, if (1) one or more actual users are willing and able to assume responsibility for the entire account to the satisfaction of the City Manager or designee, or if (2) there is a physical means legally available of selectively terminating service to those actual users who have not met the requirements of the City’s terms and conditions and Public Utilities Code section 10009, the City shall make service available to the actual users who have met those requirements.
(c) If individually metered residential service is supplied to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobile home park, or permanent residential structure in a labor camp, and the owner, manager, or operator of such is the customer of record, the City shall make every good faith effort to inform the residential occupants, by means of written notice at least fifteen (15) days prior to the termination, when the account is past due, that service will be terminated. The written notice shall also inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account. Residential occupants must be willing to agree to the City’s terms and conditions of service and other requirements.

Section Fifteen Termination of Services on Weekends, Legal Holidays, or Time When City Hall Offices Are Not Open
Water, sewer or garbage collection service shall not be terminated because of delinquency in payment for such service on any Saturday, Sunday, legal holiday, or any time during which the City’s business offices are not open to the public.

Section Sixteen Notify Health and Fire District
Upon discontinuance of service, the City Manager or designee may notify the County Health Officer and the Fire District of the service disconnection.

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Section Seventeen Conditions for Restoring Service
Water, sewer or garbage collection service will not be restored to the disconnected property until all delinquent water charges, late fees, interest charges, penalties for disconnection and required security deposits have been paid except as otherwise provided in this policy.

Section Eighteen Disconnection by Customer
A request for disconnection of customer service shall be only honored by the City from the customer in whose name the service was established.

Section Nineteen Temporary Disconnection
If a customer requests that water service be temporarily disconnected, the City shall terminate water service by turning off the service at the meter. The customer shall pay disconnection and reconnection fees in the amounts set from time to time by resolution of the City Council.

Section Twenty Water Leaks
In general the City does not adjust utility accounts for water leaks or other requests for account adjustments by residential or commercial customers. As an accommodation to customers in cases where the customer’s utility bill is higher than the historical average over the previous year, using a three-month average, due to a leak or other event out of the control of the customer, the City may make an exception to the policy, when the adjustment exceeds $100.

In order for a request for adjustment to be considered the customer must complete the “Request for Reduction in Water/Sewer/Garbage Charges” within 30 days of the bill for which an adjustment is requested and provide evidence of the completion of repairs. For example: Attach a copy of the repair invoice or receipt. If the request is due to suspected stolen water, a police report must be filed, and attached to the request.

The city will provide customers with door hanger notification for extreme usage increases in usage in an effort to notify the customer of a potential leak. Account adjustments will only be considered for high water usage occurring 30 calendar days after the notification of a potential leak.

All requests must be approved by the City Manager or when appointed by the City Manager, the Director of Finance.

Water and Sewer Services:

Residential:

The City will allow customer account adjustments under qualifying circumstances. The adjustment will be calculated based on the average usage during the same quarter of the year immediately prior to the requested period of adjustment. No sewer adjustments will be made.

Commercial:

In the event of an above ground water leak sewer account adjustments will be considered for reduction where the customer’s utility bill is higher than the historical average over the previous year, using a three-month average, due to a leak.

Lakeport City CouncilMay 6, 2025

Lakeport City Council
May 6, 2025